44072 Federal Register

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considering the location, size, and other
physical characteristics of the land, the
extent to which the land contains
wildlife and wildlife habitat, and the
purposes of CRP, but only in exchange
for a payment reduction as determined
by CCC;
(6) Spot grazing, if necessary for
control of weed infestation, and not to
exceed a 30-day period according to an
approved conservation plan, but only in
exchange for a payment reduction as
determined by CCC;
(7) Forestry maintenance such as
pruning, thinning, and timber stand
improvement on lands converted to
forestry use, but only in accordance
with a conservation plan, and only in
exchange for a payment reduction as
determined by CCC; and
(8) The sale of carbon, water quality,
or other environmental credits, as
determined appropriate by CCC.
Signed at Washington, DC, on July 21,
2010.
Jonathan W. Coppess,
Executive Vice President, Commodity Credit
Corporation.
[FR Doc. 2010–18473 Filed 7–27–10; 8:45 am]
BILLING CODE 3410–05–P
NUCLEAR REGULATORY
COMMISSION
10 CFR Part 110
[NRC–2008–0567]
RIN 3150–AI16
Export and Import of Nuclear
Equipment and Material; Updates and
Clarifications
Nuclear Regulatory
Commission.
ACTION: Final rule.
AGENCY:
The United States Nuclear
Regulatory Commission (NRC) is
amending its regulations that govern the
export and import of nuclear equipment
and material. This rule allows
International Atomic Energy Agency
Code of Conduct on the Safety and
Security of Radioactive Sources
Category 1 and 2 quantities of
radioactive materials to be imported
under a general license. This rule also
revises the definition of ‘‘radioactive
waste’’ and removes the definition of
‘‘incidental radioactive material.’’ In
addition, this rule updates, clarifies, and
corrects several provisions.
DATES: The rule is effective on August
27, 2010.
ADDRESSES: You can access publicly
available documents related to this
document using the following methods:
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SUMMARY:
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Federal e-Rulemaking Portal: Go to
http://www.regulations.gov and search
for documents filed under Docket ID
[NRC–2008–0567]. Address questions
about NRC dockets to Ms. Carol
Gallagher at 301–492–3668; e-mail
[email protected].
NRC’s Public Document Room (PDR):
The public may examine and have
copied for a fee publicly available
documents at the NRC’s PDR, Room O1
F21, One White Flint North, 11555
Rockville Pike, Rockville, Maryland.
NRC’s Agencywide Documents Access
and Management System (ADAMS):
Publicly available documents created or
received at the NRC are available
electronically at the NRC’s electronic
Reading Room at http://www.nrc.gov/
reading-rm/adams.html. From this page,
the public can gain entry into ADAMS,
which provides text and image files of
NRC’s public documents. If you do not
have access to ADAMS or if there are
problems in accessing the documents
located in ADAMS, contact the NRC’s
PDR reference staff at 1–800–397–4209,
301–415–4737, or by e-mail to
[email protected].
FOR FURTHER INFORMATION CONTACT:
Brooke G. Smith, Senior International
Policy Analyst, Office of International
Programs, U.S. Nuclear Regulatory
Commission, MS–O4E21, Washington,
DC 20555–0001; telephone: (301) 415–
2347; e-mail: [email protected], or
Jill Shepherd, Licensing Officer, Office
of International Programs, U.S. Nuclear
Regulatory Commission, MS–O4E21,
Washington, DC 20555–0001; telephone:
(301) 415–3635; email:
[email protected].
SUPPLEMENTARY INFORMATION:
I. Background
II. Analysis of Public Comments on Proposed
Rule
III. Section-by-Section Analysis
I. Background
On June 23, 2009, the NRC published
a proposed rule that requested
comments on the proposed changes to
10 CFR part 110, Export and Import of
Nuclear Equipment and Material (74 FR
29614). This final rule updates, clarifies,
and corrects several provisions in 10
CFR part 110 to improve NRC’s
regulatory framework for the export and
import of nuclear equipment, material,
and radioactive waste. It also clarifies
and corrects the regulations addressing
the general license for the export of
byproduct material. In addition, changes
are made to the regulations governing
the export and import of International
Atomic Energy Agency (IAEA) Code of
Conduct on the Safety and Security of
Radioactive Sources Category 1 and
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Category 2 quantities of radioactive
materials listed in appendix P to 10 CFR
part 110 and the definition of
‘‘radioactive waste’’ in 10 CFR part 110.
A discussion of the most significant
changes follows.
A. Category 1 and 2 Quantities of
Radioactive Material Listed in Appendix
P to 10 CFR Part 110
The NRC reevaluated the need for a
specific license for the import of
Category 1 and 2 quantities of
radioactive material to a U.S.-licensed
user in light of enhancements made to
the NRC’s domestic regulatory
framework. As a result, the NRC is
amending 10 CFR part 110 to allow
imports of Category 1 and 2 quantities
of materials listed in Appendix P under
a general license.
After the attacks of September 11,
2001, the Commission determined that
certain licensed material should be
subject to enhanced security
requirements and safeguarded during
transport, and that individuals with
unescorted access to risk-significant
quantities of radioactive material should
be subject to background investigations.
The results of vulnerability assessments
performed by the NRC were used in the
development of security enhancement
orders that were issued to licensees
using a graded approach based on the
relative risk and quantity of material
possessed by the licensee. (70 FR 72128;
December 1, 2005) These security orders
specifically address the security of
byproduct material possessed in
quantities greater than, or equal to,
Category 1 and 2 quantities. The orders
provide for enhanced security measures
for such things as license verification
before transfer, intrusion detection and
response, access control, and
coordination with local law
enforcement authorities. The orders also
contain requirements for the licensee to
determine the trustworthiness and
reliability of individuals permitted
unescorted access to risk-significant
radioactive materials. The
determination involves a background
investigation of the individual.
With the passage of the Energy Policy
Act of 2005 giving the NRC new
fingerprinting authority, the
Commission determined that
individuals with access to Category 1
and 2 quantities of radioactive material
warrant fingerprinting and FBI criminal
history records checks.
By the end of 2007, the NRC had
issued orders to all NRC licensees that
possessed Category 1 or 2 quantities of
radioactive material (72 FR 70901;
December 13, 2007) to require
fingerprinting and FBI criminal history
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records checks for unescorted access to
Category 1 or 2 quantities of radioactive
material.
For all these requirements, NRC
Agreement States have also imposed
legally-binding measures on their
licensees possessing Category 1 and 2
quantities of radioactive material.
During the same time period, the NRC
issued two sets of orders to licensees
transporting radioactive material in
quantities greater than, or equal to,
Category 2. The additional security
measures contained in the orders
provide for enhanced security measures
during transportation that are beyond
the current regulations, including
enhanced security in preplanning and
coordinating shipments, advance
notification of shipments to the NRC
and States through which the shipment
will pass, control and monitoring of
shipments that are underway,
trustworthiness and reliability of
personnel, information security
considerations, and control of mobile or
portable devices.
The security requirements put in
place by the orders supplement the
existing domestic regulatory
requirements. A rulemaking is currently
underway that, if promulgated, would
incorporate security requirements for
Category 1 and 2 quantities of
radioactive material into the domestic
regulations. (SECY–09–0181; December
14, 2009 (ML0928201950)).
Another significant enhancement
pertinent to these materials is the
establishment of the National Source
Tracking System (NSTS) that tracks
from ‘‘cradle to grave’’ transactions
involving Category 1 and 2 radioactive
sources (71 FR 65686; November 8,
2006). Licensees are responsible for
recording the manufacture, shipment,
arrival, and disposal of all licensed and
tracked Category 1 and 2 sources. For
every nationally tracked source that is
imported, the facility obtaining the
source is required to report the
information to the NSTS by the close of
the next business day after receipt of the
imported source. With the NSTS in
place, there is much more information
about imported sources available to the
staff.
In light of the many security
enhancements, the Commission had
decided to eliminate the specific license
requirement in § 110.27(f) for imports of
radioactive material listed in Table 1 of
Appendix P to 10 CFR part 110.
Conforming changes have been made to
§§ 110.32, 110.43, and 110.50. Imports
of radioactive material into the United
States under a general license continue
to be contingent on the consignee being
authorized to receive and possess the
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material under a general or specific NRC
or Agreement State license. See
§ 110.27(a). Moreover, importers of
Category 1 and 2 materials under a
general license are still subject to the
notification requirements prior to
shipment as required by § 110.50. The
advance notification of imports of
Category 1 and 2 quantities of material,
§ 110.50 (c) is revised to require the
exporting facility name, location,
address, contact name and telephone
number as part of the pre-shipment
notification.
Additionally, § 110.50 (c) is revised to
require advance notifications of imports
to be submitted seven days in advance
of shipment. This change will permit
NRC staff adequate time to verify the
information provided in the advance
notification.
B. Import and Export of Radioactive
Waste
This final rule revises the definition
of radioactive waste and incorporates
aspects of the removed definition of
incidental radioactive material (IRM).
The revised definition of ‘‘radioactive
waste’’ improves consistency with and
eliminates some of the differences
between the licensing requirements for
export and import and the domestic
licensing requirements for possession.
The revised definition links the specific
license requirement for the export and
import of radioactive waste to those
materials (in the form of waste) that
require a specific license in accordance
with NRC’s domestic regulations. This
eliminates the need for a specific license
to export or import materials that, under
NRC’s regulations in 10 CFR chapter 1,
do not require a specific license to
possess them.
These changes require a specific
export or import license for any material
that, in accordance with the
requirements in 10 CFR chapter 1,
requires a specific NRC license to
possess it domestically, which is
exported or imported for the purposes of
(1) disposal in a land disposal facility as
defined in part 61, a disposal area as
defined in appendix A to part 40, or an
equivalent facility; or (2) recycling,
waste treatment or other waste
management process that generates
radioactive material for disposal in a
land disposal facility as defined in part
61, a disposal area as defined in
Appendix A to part 40, or an equivalent
facility. This change simplifies the
regulatory framework by clearly stating
that exporting or importing material for
recycling, waste treatment, or other
waste management process that
generates radioactive material for
disposal in a 10 CFR part 40 or part 61
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facility (or the equivalent) requires a
specific export or import license.
The final rule removes the definition
of ‘‘incidental radioactive material’’ from
10 CFR part 110. This rule does
incorporate aspects of IRM into the
revised definition of radioactive waste
and the exclusions from that definition.
The scope of the exclusion related to
contamination on service equipment
(including service tools) used in nuclear
facilities (if the service equipment is
being shipped for use in another nuclear
facility and not for waste management
purposes or disposal) is expanded and
broadened to include some of the
material that previously fell under the
definition of IRM such as launderable
protective clothing.
In response to comments, the
Commission clarified that the first
exclusion to the definition of
‘‘radioactive waste’’ applies only to
sources of U.S. origin. Disused sources
that originated in a country other than
the United States would be considered
‘‘radioactive waste’’ under 10 CFR part
110. Exclusion two is revised to clarify
that the broader meaning of ‘‘nuclear
facility’’ is intended and that the
material must be shipped solely for
recovery and beneficial reuse of the
non-radioactive material. In addition, an
illustrative list of activities that would
meet the standard set forth in exclusion
two is added to the Statement of
Considerations. The Commission also
added a sixth exclusion to the definition
of ‘‘radioactive waste’’ to address the
question of recycling activities that
would not be considered as radioactive
waste, such as utilizing depleted
uranium in shielding applications or
catalyst manufacturing. The six
exclusions are set forth below:
1. Radioactive material in sealed
sources or devices containing sealed
sources that are of U.S. origin and being
returned to any manufacturer,
distributor or other entity which is
authorized to receive and possess them.
This change allows the return of U.S.
origin sources or devices to distributors
and other appropriately authorized
entities. A specific import license is
required for the importation of sources
originating outside of the United States
for disposal in the United States.
Licensing and notification requirements
for Category 1 and Category 2 quantities
of material listed in Table 1 of
Appendix P are applicable.
2. A contaminant on any nonradioactive material (including service
tools and protective clothing) used in a
nuclear facility (an NRC- or Agreement
State-licensed facility (or equivalent
facility) or activity authorized to possess
or use radioactive material), if the item
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is being shipped solely for recovery and
beneficial reuse of the non-radioactive
component in a nuclear facility and not
for waste management purposes or
disposal. The scope of the exclusion is
expanded and broadened to include
some of the material that previously fell
under the definition of IRM such as
launderable protective clothing. Other
examples of materials meeting this
exclusion include:
(a) Importing contaminated metal for
the purpose of recovery of the nonradioactive metal for beneficial reuse as
shield blocks or other industrial/
construction purposes in licensed
facilities domestically and abroad is an
import not ‘‘solely’’ for waste
management or disposal purposes. This
example is within the scope of
exclusion two even though the recycling
process will produce some waste that
may require disposal at a part 61
disposal site. This is similar to the
laundering of protective clothing, which
also may have a waste stream to a 10
CFR part 61 facility.
(b) Decontamination and repair of
contaminated equipment such as
pumps, valves, and motors that after
recovery would be beneficially reused
in a licensed facility.
(c) Decontaminating shipping
containers used to import radioactive
material for the purpose of reusing the
shipping containers.
(d) Importing contaminated
magnesium metal and using the
recovered magnesium as a neutralizing
agent for disposing of mixed waste in a
licensed disposal facility.
3. Materials exempted from regulation
by the NRC or equivalent Agreement
State regulations. This exclusion is
consistent with the previously
mentioned revision that links the
requirement for a specific import or
export license for radioactive waste to
the specific licensing requirements in 10
CFR chapter 1 (e.g., 10 CFR parts 30, 40,
and 70). This change eliminates some of
the differences between NRC’s export
and import regulations and domestic
regulation of the same material or
equipment.
4. Materials generated or used in a
U.S. Government waste research and
development testing program under
international arrangements.
5. Materials being returned by or for
the U.S. Government or military to a
facility that is authorized to possess the
material. This exclusion recognizes that
the U.S. Government or military will, in
certain circumstances, seek to return
material to the United States. Material
returned must be to a facility that is
authorized to possess the material.
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6. Materials imported solely for the
purposes of recycling and not for waste
management or disposal where there is
a market for the recycled material and
evidence of a contract or business
agreement can be produced upon
request by the NRC. This exclusion was
added to address concerns regarding the
legitimate recycling of radioactive
material that might otherwise be seen as
waste. For example, under certain
circumstances, this exclusion would
permit the import under general license
of depleted uranium for use in shielding
applications or catalyst manufacturing.
In response to comments, the
Commission revised §§ 110.43 and
110.45 to clarify that the NRC consults,
as applicable, with the Agreement State
in which the facility is located and lowlevel waste compact commission(s).
II. Summary of Public Comments
The Commission received 14 letters
from the public commenting on the
proposed rule. The commenters
represent a variety of interests.
Comments were received from
individuals, licensees, Federal and State
agencies, and citizen, environmental,
and industry groups. The comments
addressed a wide range of issues
concerning the proposed changes to 10
CFR part 110. Many of those responding
to the proposed rule commented on
multiple sections; therefore, several
comments have been separated by
section and addressed. Likewise, similar
comments have been consolidated. The
following is a summary of all significant
comments, along with the NRC’s
responses.
A. Section 110.2—Definitions
Comment: One commenter stated that
the proposed definition for ‘‘bulk
material’’ in § 110.2 is confusing. The
commenter seeks clarification on
whether the definition is intended to
cover ‘‘raw’’ material (material produced
in reactors) that is then incorporated
into sealed sources. The commenter also
states that the proposed definition
seems to imply that Category 3, 4 and
5 sources would be considered bulk
material. The commenter asked how it
is known when the quantity is deemed
to pose a risk similar to or greater than
a Category 2 source.
Response: The definition of bulk
material includes both ‘‘raw’’ material
produced for encapsulation in sealed
sources, as well as, Category 3, 4, and
5 sealed sources that, in aggregate, are
equal to or exceed Category 2 activity
thresholds. The NRC believes that no
changes are necessary to the proposed
definition for ‘‘bulk material’’ and it is
unchanged in this final rule.
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Comment: One commenter suggested
that the definition of ‘‘radioactive waste’’
should include other disposal methods
that are approved by the NRC and
Agreement States such as alternative
disposals under 10 CFR 20.2002.
Response: The intent of the proposed
changes to the definition of ‘‘radioactive
waste’’ is to align the NRC’s export and
import regulations with its domestic
regulations; therefore, if a specific
license is required for a domestic
licensee to possess the material, then a
specific license to export/import the
material would also be required. The
NRC and Agreement State licensees may
request approval for alternative disposal
methods for wastes held under their
domestic possession license in
accordance with 10 CFR 20.2002 or
equivalent Agreement State regulations.
Waste could not be imported and
directly disposed of under 10 CFR
20.2002, as this type of authorization
can only be granted to persons regulated
by the NRC or the Agreement States. No
change was made to the proposed
definition of ‘‘radioactive waste’’ as a
result of this comment.
Comment: One commenter suggested
revising the proposed definition of
‘‘radioactive waste’’ to clarify that it does
not include spent fuel. The respondent
noted that it is not clear from the
definition what the term ‘‘equivalent
facility’’ includes and therefore the
definition could be construed to include
a facility for the disposal or storage of
spent fuel or material that results from
recycling, treatment or processing of
spent fuel. This commenter also stated
that the term ‘‘material imported for
recycling * * *’’ could be read to
include spent fuel. Another commenter
also noted that the term ‘‘recycling’’
could be confused with the reprocessing
of nuclear fuel.
Response: The change to the
definition of ‘‘radioactive waste’’ in 10
CFR part 110 refers exclusively to low
level radioactive waste (LLW). Spent or
irradiated fuel is not considered to be
LLW; therefore, the definition of
‘‘radioactive waste’’ in 10 CFR part 110
does not include spent or irradiated
fuel. A sentence has been added to the
proposed definition of ‘‘radioactive
waste’’ to clarify in this final rule that
it does not include spent or irradiated
fuel.
Comment: One commenter expressed
concern about implementation of the
revised definition of ‘‘radioactive waste’’
and the correlation between the need for
a specific export or import license and
the need for a specific domestic license
for the same material. This commenter
asked if the NRC will make its
determination based on whether the
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conditions in the domestic specific
license held by the potential exporter or
importer allow possession of the foreign
material. The commenter also asked if
the NRC will judge the need for an
export or import license only against
NRC-issued specific licenses or against
Agreement State-issued licenses as well.
The commenter noted that the NRC and
Agreement States have flexibility in
writing license conditions and
consequently, there may be a lack of
national uniformity in the kinds of
radioactive materials a domestic specific
licensee may possess.
Response: An NRC import license
only allows material to be brought into
the United States. Once the material is
in the United States, the material is
subject to the domestic authorization
process and operates no differently than
if the material were of domestic origin.
The import license is not a mechanism
to alter the established domestic
authorization process, including
Agreement State regulations. The NRC
will not issue an import license for
radioactive waste unless the U.S.
importer is authorized to possess the
material under the applicable domestic
regulation, whether that regulation is an
Agreement State’s or NRC’s. No change
was made to the proposed definition of
‘‘radioactive waste’’ as a result of this
comment.
Comment: One commenter noted that
the NRC’s ‘‘changes to 10 CFR part 110
will facilitate the licensing process for
exports and imports of radioactive waste
* * *’’ This commenter suggested that
the NRC complete an Environmental
Impact Statement (EIS) to address the
increased import of radioactive waste
from foreign countries and their
shipment within the United States.
Further, this commenter would like the
EIS to address cumulative impacts from
shipments of all radioactive wastes from
existing and new nuclear facilities,
including shipments resulting from
license extensions at existing facilities
and the increased shipment of
radioactive wastes expected as a result
of proposed changes to 10 CFR part 110.
Response: Under 10 CFR 51.22(c)(1),
amendments to 10 CFR part 110 are
categorically excluded from
environmental review based on a
Commission finding by rule that this
category of action does not individually
or cumulatively have a significant effect
on the human environment. In any
event, the NRC does not anticipate an
increase in imports or shipping of
radioactive waste as a result of this
revision. Therefore, no change was
made to the proposed definition of
‘‘radioactive waste’’ as a result of this
comment.
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Comment: One commenter noted that
the United States does not currently
have an approved radioactive waste
repository and questions how accepting
imports of radioactive waste is
consistent with the NRC’s mission to
protect human and environmental
health. The commenter further stated
that if Yucca Mountain were opened in
the near future, the current stockpiles of
radioactive waste in the United States
would fill the repository. This
commenter suggested a moratorium on
imports of radioactive waste until an
approved repository is opened.
Response: The definition of
‘‘radioactive waste’’ in 10 CFR part 110
refers exclusively to low-level
radioactive waste. There are currently
several low-level waste disposal
facilities in the United States. High-level
waste is not addressed in this final rule.
Therefore, no change was made to the
proposed definition of ‘‘radioactive
waste’’ as a result of this comment.
Comment: One commenter suggested
that the term ‘‘recycling’’ in the proposed
definition of ‘‘radioactive waste’’ be
removed or defined further to clarify
that recycling under the general license
is authorized when the recycling
provides for a beneficial re-use of the
material. Another commenter noted that
the proposed definition of ‘‘radioactive
waste’’ is ambiguous with regard to the
import of radioactive materials imported
and used as ‘‘raw’’ materials directly by
manufacturing facilities as opposed to
waste processing facilities. The
commenter stated that the proposed
definition includes ‘‘radioactive
material’’ that requires a specific license
for possession and is intended for
disposal, recycling, waste treatment or
some other waste management process.
As asserted by the commenter, the
ambiguity is that as raw material, waste
treatment or waste management would
not apply to such non-waste; however,
‘‘recycling’’ without further clarification
seems to inadvertently include nonwaste, ‘‘raw’’ materials. The commenter
suggested that the term ‘‘recycling’’ be
modified to a more restrictive phrase
such as ‘‘waste component recycling’’
which would clearly not apply to ‘‘raw’’
materials. As another possibility, the
commenter suggested restricting the
definition of radioactive waste to those
imports that are consigned to licensed
waste treatment and disposal facilities,
so that imports of radioactive material
going to licensed manufacturing
facilities would not be included.
Another commenter addressed the
concept of recycling in the context of
exclusion two to the proposed
definition of ‘‘radioactive waste,’’ stating
that the term ‘‘recycling’’ in the main
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part of the definition seems to conflict
with ‘‘recovery and beneficial use’’ in the
exclusion. In the commenter’s view,
recycling means the recovery and
beneficial re-use of the recovered
material. The commenter stated that it
appears the intent of the proposed
definition is to clarify that, in general,
while radioactive material imported for
the purpose of processing and disposal
is waste, radioactive material imported
for the purpose of beneficial re-use is
not waste as long as the re-used nonradioactive material is used in a nuclear
facility. The commenter offered two
suggestions to clarify this apparent
conflict. First, the commenter suggested
that we insert the word ‘‘recycling’’ prior
to ‘‘for recovery and beneficial use’’ in
the text of the exclusion. Second, the
commenter suggested that we include a
clarifying statement in the Statement of
Considerations for the final rule that
says the intent of the exclusion is to
provide an exception to the general rule
that would permit recycling under the
general license where the recycling
provides for beneficial re-use of the nonradioactive material in an environment
licensed by the NRC or an Agreement
State.
Response: In order to address the
numerous concerns regarding the
legitimate recycling of radioactive
material that might otherwise be seen as
waste, the NRC has decided to add a
sixth exclusion to the proposed
definition of ‘‘radioactive waste’’ to
clarify that the definition does not
include material imported solely for the
purposes of recycling and not for waste
management or disposal where there is
a market for the recycled material and
evidence of a contract or business
agreement can be produced upon
request by the NRC. An example of such
material would be depleted uranium for
use in shielding applications or catalyst
manufacturing. An example of
‘‘recycling’’ that would be considered
‘‘radioactive waste’’ is the use of
combustible material (such as wood or
oil) as an energy source at an NRC- or
Agreement State-licensed facility.
An import for the purpose of
recycling is similar to the importation of
useable radioactive materials and
products, which occurs routinely. With
respect to recycling of materials, as with
products that contain radioactivity,
recycled materials have a beneficial use
yet waste may be generated as they are
recycled. In the United States, these
wastes would be managed safely in
accordance with domestic licensing
requirements.
The Commission is aware that there
could be instances in which a person
intends to import what is in fact
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radioactive waste, but which is argued
to be for recycling purposes (i.e., sham
recycling). Any person who imports
materials under a general license for
recycling, but with the purpose of
disposing of them in the United States,
would be subject to NRC enforcement
action. In addition, there may be
instances in which some small value
may be obtained from the materials that
are imported, but the primary intention
is for disposal. In such cases, to avoid
possible enforcement action, the staff
recommends that the Commission be
consulted before any such imports are
made. This final rule includes the six
exclusions under the definition for
‘‘radioactive waste.’’
The Commission does not accept the
second commenter’s suggestion to add
the word ‘‘recycling’’ to exclusion two
because the use of the word ‘‘recycling’’
could potentially open exclusion two to
other general forms of recycling, which
would not meet the intent of the
exclusion. The intent of exclusion two
is exclusively for the importation of
materials being recovered and reused in
an NRC- or Agreement State-licensed
facility.
Comment: Several commenters
addressed the proposed changes to
exclusion one to the definition of
‘‘radioactive waste’’ regarding sealed
sources and devices. Two commenters
expressed support for the proposed
changes and stated that they will allow
for sources to be transferred and
transported easily to an entity that may
be able to recertify the source or recycle
the source for beneficial use rather than
disposal. Another commenter suggested
that the purpose of the exclusion should
be clarified to indicate that it does not
cover importing sources originating in
other countries for disposal in the
United States.
Response: Exclusion one to the
proposed definition of ‘‘radioactive
waste’’ has been revised in this final rule
to clarify that this exclusion only
applies to sources of U.S. origin.
Disused sources that originated in a
country other than the United States
would be considered ‘‘radioactive
waste’’ under 10 CFR part 110.
Therefore, in the case of an import, a
specific license is required for the
importation of sources (in the form of
waste or disused sources) originating
outside of the United States for disposal
in the United States. Licensing and
notification requirements for Category 1
and 2 quantities of materials listed in
Table 1 of appendix P to 10 CFR part
110 are applicable.
Comment: One commenter stated that
importation of material destined for reuse should require a specific license.
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The application for a specific license
constitutes a form of public disclosure
and the public should be aware of
radioactive materials, such as
radioactive metals, that may be reused.
This commenter asserted that reused
radioactive metal could contaminate the
general supply of reused scrap metal if
it eventually makes its way back to
unrestricted use. Consequently, the
public should be notified and provided
the opportunity to comment on a
specific license for the import of
radioactive materials proposed for
reuse.
Response: The intent of this change is
to address the re-use and recovery of
these materials for use in an NRC- or
Agreement State-licensed facility. Once
imported to an NRC- or Agreement
State-licensed facility the material and
any waste generated as a result of the reuse or recovery process is subject to
NRC or Agreement State domestic
licensing requirements. Therefore, no
change was made to the definition of
‘‘radioactive waste’’ as a result of this
comment.
Comment: Several commenters
asserted that the second exclusion to the
proposed definition of ‘‘radioactive
waste’’ could be abused if only a small
fraction of the import is for recovery or
beneficial use of the non-contaminated
material. Two commenters addressed
the proposed language ‘‘not solely for
waste management purposes or
disposal’’ at the end of the exclusion.
One commenter stated that this phrase
should be further clarified, changed or
replaced to indicate that the portion of
the import destined for disposal must, at
all times, be considered radioactive
waste. Another commenter thought the
closing phrase unnecessary because, if
the import is for recovery and reuse of
the non-radioactive material, then the
import would never be ‘‘solely’’ for
waste management purposes or
disposal. This commenter speculated
that the intent of the language is to
ensure good faith intent for recovery
and reuse of the material. This
commenter recommended that this
concern be addressed by stating that the
purpose is ‘‘primarily’’ for recovery and
re-use since all recovery efforts will
likely have some waste processing or
disposal aspects. The term ‘‘primarily’’ is
proposed to make it clear that the
recovery operation produces a product
that is in fact useful and that the
recovery operation is in good faith and
not a pretense for waste management.
The commenter recommended
rewording the exclusion to read ‘‘* * *
if the material is being shipped
primarily for recycling, i.e., recovery
and beneficial use of the non-
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radioactive material in a nuclear
facility.’’ Another commenter asserted
that some of the exclusions under the
proposed definition of ‘‘radioactive
waste’’ should be more restrictive.
Specifically with regard to the second
exclusion, the commenter stated that the
disposable radioactive portion of the
imported material should be recognized
as ‘‘radioactive waste’’ at the time of
import; otherwise, that disposable
radioactive portion could simply appear
to be domestic waste resulting from
domestic processing.
Response: In the definition of
‘‘radioactive waste’’ in this final rule, the
word ‘‘solely’’ has been moved from its
proposed location in front of ‘‘for waste
management’’ to between ‘‘shipped’’ and
‘‘for recovery’’ in order to clarify the
intent of the exclusion. Once items have
been imported to an NRC- or Agreement
State-licensed facility for beneficial
recovery and/or re-use these items
would then be subject to the NRC’s or
Agreement State’s domestic licensing
requirements. Circumvention of the
specific licensing requirements for
radioactive waste is subject to NRC or
Agreement State enforcement action.
Comment: One commenter noted that
‘‘launderable protective clothing’’ and
‘‘service tools’’ are the examples
provided in the second exclusion to the
definition of ‘‘radioactive waste.’’ This
commenter suggested that the Statement
of Considerations for the final rule
expand on the discussion of examples
in order to avoid confusion related to
the use of the term ‘‘incidental
radioactive material.’’ The commenter
also asserted that an expanded
discussion of examples would help
define what satisfies the standard of
‘‘primarily for recovery.’’ The
commenter recommended including, at
a minimum, the following examples:
(a) Importing contaminated metal for
the purpose of recovery of the nonradioactive metal for beneficial re-use as
shield blocks or other industrial/
construction purposes in licensed
facilities domestically and abroad is an
import not ‘‘solely’’ for waste
management or disposal purposes. The
commenter noted that this example fits
the language in the proposed rule even
though the recycling process will
produce some waste that will need to be
sent to a 10 CFR part 61 disposal site.
This is similar to the laundering of
protective clothing, which also has a
waste stream to a 10 CFR part 61
facility.
(b) Decontamination and repair of
contaminated equipment such as
pumps, valves, and motors that after
recovery would be beneficially reused
in a licensed facility.
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(c) Incinerating contaminated wood or
oil to generate steam in a licensed
facility for process heat or electricity.
(d) Decontaminating shipping
containers used to import radioactive
material for the purpose of reusing the
shipping containers.
(e) Importing contaminated
magnesium metal and using the
recovered magnesium as a neutralizing
agent for disposing of mixed waste in a
licensed disposal facility.
In addition to the examples provided
above, the commenter recommended
that the NRC include any other
examples that it has found acceptable in
the past.
Another commenter also requested
the NRC provide such a list and went on
to suggest amending § 110.27 to add a
paragraph (g) that reads:
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Persons importing material primarily for
recovery and beneficial use under a general
license on the basis that the import meets
[exclusion] 2 of the definition of ‘‘radioactive
waste’’ must submit Form 7 to the NRC seven
days prior to the import. The submitted form
need only address the provisions of
paragraphs (a)–(f) of 10 CFR 110.32. The
Form 7 shall be submitted to the Deputy
Director, Office of International Programs.
The commenter stated that this
proposed provision would be solely a
notice provision. It would not establish
an obligation for the importer to await
any NRC action following submittal of
the form to the NRC.
Response: The first commenter’s
examples (a), (b), and (d) would meet
the standard for ‘‘primarily for recovery’’
provided there is a market for the
recovered product to be reused in an
NRC or Agreement State licensed
facility and evidence of a contract or
business agreement can be produced
upon request by the NRC. The
commenter’s example (e) would also
meet the standard but it must be
primarily for recovery and reuse of
magnesium. Example (c) does not meet
the standard for ‘‘primarily for recovery’’
because it is an example of a waste
process with a small amount of energy
produced as a byproduct. The NRC does
not consider waste processes to be
‘‘primarily for recovery.’’
In response to the second
commenter’s request for the provision of
information on NRC Form 7, the NRC
does not feel that placing an additional
regulatory compliance burden on the
public is warranted at this time. The
NRC believes that any questions the
public may have regarding compliance
with exclusion two to the definition of
‘‘radioactive waste’’ would best be
addressed individually on a case-bycase basis. In accordance with 10 CFR
2.390, the NRC will make examples of
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recovery activities under exclusion two
to the definition of ‘‘radioactive waste’’
publicly available. No changes to the
proposed definition of ‘‘radioactive
waste’’ were made as a result of these
comments.
Comment: One commenter asserted
that the term ‘‘nuclear facility’’ is
unclear. The commenter asked whether
the term is being used as in the Atomic
Energy Act to mean a ‘‘production’’ or
‘‘utilization’’ facility, or is it intended to
have a broader meaning to include any
plant or activity which is licensed for
use or possession of radioactive
material? The commenter recommended
that the term ‘‘nuclear facility’’ be
defined as ‘‘a plant or activity licensed
by either the Commission or an
Agreement State for possession or use of
radioactive material.’’
Response: The NRC has revised
exclusion two to the proposed
definition of ‘‘radioactive waste’’ to
clarify that the broader meaning of
facility is intended in this final rule.
Comment: Two commenters
addressed exclusion five to the
definition of ‘‘radioactive waste’’
regarding the U.S. government or
military. One commenter stated that the
purpose and intent of this new
exclusion is not clear, and that the
circumstance, or combination of
circumstances, under which the U.S.
government or military would need to
return material to an authorized U.S.
facility could be interpreted very
broadly. Another commenter suggested
that U.S. government waste research
and development testing programs
under international arrangements
should be specifically identified, along
with appropriate caps on the total
amounts of relevant wastes to be
imported and exported each year.
Response: This is not a new addition
to 10 CFR part 110. Current regulations
at § 110.27, General license for imports,
only allow the return of material under
a general license if the material was
going to a military or government
facility. In the proposed rule, this
concept was moved from § 110.27 to
§ 110.2 as an exclusion to the definition
of ‘‘radioactive waste’’ and expanded to
include an allowance for the U.S.
military to bring radioactive waste items
back to a licensed facility in the United
States. The proposed provision is
unchanged in this final rule.
B. Section 110.6—Retransfers
Comment: One commenter sought
clarification on why the retransfer of
byproduct material is not included in
the requirements of § 110.6. The
commenter also sought clarification on
whether retransfers of special nuclear
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material produced through the use of
U.S.-obligated material are subject to the
requirements of this section.
Response: Byproduct material is not
covered by the requirements of § 110.6
because there is no retransfer restriction
on byproduct material in the Atomic
Energy Act. Retransfers of special
nuclear material produced through the
use of U.S.-obligated material are
subject to the requirements of this
section.
C. 110.26—General License for the
Export of Nuclear Reactor Components
Comment: One commenter questioned
the proposed revision to § 110.26(a) to
cover ‘‘components solely of U.S. origin’’
for three reasons:
(1) U.S. origin has many meanings in the
United States today, but given the wording
‘‘solely of U.S. origin’’ or ‘‘of U.S. origin,’’ it
is rather difficult to purchase anything which
is only of U.S. origin. The commenter
requested further definition.
(2) While the commenter agreed with the
authorization contained in proposed
§ 110.26(a)(2), the commenter stated that the
proposed wording conveys the authority to
re-export nuclear components from such
generally authorized countries as listed in
§ 110.26(b) to each other. However, this is an
authorization that U.S. companies would not
be able to utilize if the component is required
to be solely of U.S. origin.
(3) Many nuclear components or parts are
imported into the U.S. for ultimate end use
as either a standalone nuclear component or
for use in a larger nuclear component for
future sale in either the U.S. or non-U.S.
markets.
The commenter noted that many U.S.
companies have international markets
as well as foreign-based manufacturing
facilities or joint ventures. Such global
companies will import nuclear spare
parts or components for utilization in
larger U.S.-built nuclear components for
sale both within the United States as
well as outside of the United States. The
commenter stated that these U.S.
imports and subsequent exports create
and maintain U.S. jobs and should not
be delayed or subjected to a new NRC
component license application process
and associated application fees. The
commenter said that to do so would
remove a vital part of the purpose of
§ 110.26, which is to enable U.S.
companies to export nuclear
components quickly to a select list of
generally authorized countries that do
not require an NRC validated export
license. These component exports are
subject to NRC reporting requirements,
but they enable the U.S. nuclear
industry to sell our components in a
very efficient manner to pre-approved
countries. According to the commenter,
the proposed change would penalize the
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U.S. nuclear industry in the world
marketplace and cause a giant step
backwards in the U.S. nuclear industry’s
ability to freely sell these nuclear
components or parts to pre-approved
countries that are not subjected
themselves subjected to similar
restrictions.
Response: The NRC believes the
commenter makes a valid point
regarding limiting the general license
under § 110.26 to ‘‘components solely of
U.S. origin.’’ With the increasing
globalization of the nuclear industry,
U.S. nuclear companies are outsourcing
more and more items, including parts
and components for reactor equipment
and fuel assemblies. However, since the
U.S. industry has been able to accept the
current language of § 110.26 which
allows use of the general license for
‘‘U.S. origin’’ component exports to a
select list of countries, even when the
‘‘U.S. origin’’ component includes nonU.S. content, the proposed language is
retained in this final rule. Further, the
NRC added clarifying language to
§ 110.26 stating that ‘‘U.S. origin’’
includes components produced or
finished in the United States, even with
non-U.S. content unless the foreign
content is obligated by supplier
government conditions, such as a prior
consent for retransfer condition.
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D. 110.27—General License for Imports
Comment: Two commenters
addressed the proposed amendment to
§ 110.27 that would remove the
paragraph that addresses activities
conducted under a contract with the
Department of Energy (DOE). The
commenters suggested revising the
Section-by-Section Analysis for § 110.27
to state that the NRC’s import
regulations do not apply to the DOE
imports of source, special nuclear or
byproduct material, including imports
conducted on DOE’s behalf by DOE
contractors. The commenters also state
that the Statement of Considerations for
the proposed rule cites sections 54, 64,
82, and 91 of the Atomic Energy Act
which govern exports, not imports, and
are not applicable in this context.
For purposes of clarification, one
commenter, suggested that in
§ 110.27(b), the words ‘‘source or special
nuclear’’ should be inserted before
‘‘material’’ so that the sentence reads as
follows:
The general license in paragraph (a) of this
section does not authorize the import of
source or special nuclear material in the form
of irradiated fuel if the total weight of the
[source or special nuclear] material exceeds
100 kilograms per shipment.
Response: The NRC’s import
regulations do not apply to DOE imports
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of source, special nuclear, or byproduct
material including imports conducted
on DOE’s behalf by DOE contractors.
The removal of § 110.27(a)(1) clarifies
that DOE is not subject to NRC import
licensing requirements. The Atomic
Energy Act citations in the Statement of
Considerations for the proposed rule
apply to exports, not imports. The
sections of the Atomic Energy Act that
apply to imports of special nuclear,
source or byproduct material are
sections 53, 62, and 81. Section
110.27(b) has been rewritten in this final
rule in response to the request for
clarification.
Comment: One commenter noted that
the clear intent of the proposed rule, as
expressed in the Statement of
Considerations to the proposed rule, is
to grant a general license for the import
of materials that are exempt from
domestic licensing (e.g., material
exempted by 10 CFR 40.13(a)) by the
NRC. Section 110.27(a) of the proposed
rule would grant a general license for
the import of byproduct, source, and
special nuclear material if the U.S.
consignee were authorized to possess
such material under a general or specific
license from the NRC or an Agreement
State. The commenter asserted that
while the new definition of ‘‘radioactive
waste’’ in the proposed rule would
exclude ‘‘exempt’’ material such as 10
CFR 40.13(a) material, the controlling
provision for the import of material
under proposed § 110.27(a) seems to be
the possession of an existing general or
specific license. The commenter stated
that under the framework for the
domestic licensing of byproduct, source,
or special nuclear material, general
licenses are not synonymous with
‘‘exemptions’’ for material: No license is
required for the possession of exempt
material. The commenter stated that
§ 110.27(a)(2) of the current regulations
does grant a general license for the
import of ‘‘exempt’’ material; however,
this section would be deleted under the
proposed rule, and the commenter
suggested that original language be
retained.
Response: The NRC’s revisions to the
definition of ‘‘radioactive waste’’ in 10
CFR part 110 are designed, in part, to
align export/import licensing criteria
with domestic regulations that are
implemented by the NRC and the
Agreement States. If a specific license is
required domestically, a specific import
or export license would also be
required. The changes to the definition
of ‘‘radioactive waste’’ and the deletion
of § 110.27(a)(2) are consistent with the
intended alignment in that if the
material (meaning any exempt material,
not just material in the form of waste)
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is exempt from requiring a license
domestically (e.g., 10 CFR 40.13(a) is
only one example of an exemption),
then that same material would be
exempt from requiring a general import
license as well. Therefore, an additional
provision to provide authorization to
import under a general license is
redundant and unnecessary. As
proposed, § 110.27(a)(1) and (a)(2) are
removed in this final rule.
Comment: Two commenters generally
addressed the proposal to allow imports
of Category 2 quantities of materials
under a general license. Specifically,
they noted that imports conducted
under the authority of a general license
are not subject to the same public
notification and comment requirements
as imports conducted under specific
licenses. One respondent stated that the
general license could be used for
unlimited imports without public
knowledge.
Response: While it is correct that
imports under a general license are not
subject to the same public notification
requirements as a specific license, the
NRC is aware of and continues to
regulate such imports. In accordance
with § 110.50, pre-shipment notification
is still required by the importer.
Additionally, domestic licensees must
report receipt of Category 1 and 2
radioactive sources to the NSTS.
Imports of radioactive material into the
United States are contingent on the
consignee being authorized to receive
and possess the material under a general
or specific NRC or Agreement State
license.
E. 110.43—Import Licensing Criteria
Comment: One commenter
recommended that the NRC require
more specificity in the application for a
specific license to import radioactive
waste and that foreign waste retain its
‘‘country of origin’’ attribution from
import through disposal. With regard to
the specificity in an application, this
commenter is primarily concerned with
the concept of waste characterization
versus waste classification prior to its
import. Specifically, the commenter
noted that under the proposed rule, the
NRC would only require an applicant to
classify the radioactive waste in
accordance with 10 CFR 61.55 when the
waste is being imported for direct
disposal. The commenter stated that this
provision is too narrowly written and
most waste would escape classification.
The commenter asserted that if the
imported waste was first processed or
managed and then disposed of, under
the proposed rule, the waste would not
be classified prior to import. This
commenter also stated that by allowing
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the importer to characterize the waste
rather than classify it prior to import,
the NRC may allow the import of
radioactive waste that cannot be
disposed of in this country. Further, the
host state or compact would have
insufficient information to make an
informed decision about the
appropriateness of the waste for
disposal at facilities under its
jurisdiction. Another commenter stated
that in the past, there have been
situations where all the disposition
pathways for waste resulting from the
processing of imported radioactive
wastes were not clearly identified in the
original import license application. The
commenter recommended that the NRC
require license applications for the
import of radioactive waste to include a
list of all facilities that are projected to
receive wastes for disposal that result
from imported wastes. This should
include licensed low-level waste
disposal facilities as well as landfills
that are licensed to accept materials
such as those surveyed for bulk release
(exempt wastes). The commenter stated
that this would ensure that parties
responsible for evaluating the
application have the information
necessary to conduct a thorough review.
Response: As discussed above in
Section I.B of this document, the NRC’s
revisions to the definition of
‘‘radioactive waste’’ in 10 CFR part 110
are designed, in part, to align export and
import licensing criteria with domestic
regulations that are implemented by the
NRC and the Agreement States.
Therefore, if a specific license is
required to possess the material
domestically, a specific license would
be required to import or export that
waste material. In accordance with
domestic regulations, the NRC, when
processing applications for the import of
radioactive waste, would follow the
waste attribution approaches used in the
United States, which are, in almost all
cases, developed by the Agreement
States and compacts.
Under domestic licensing
requirements, waste disposed of at a 10
CFR part 61 or equivalent Agreement
State-licensed facility must be classified
in accordance with 10 CFR 61.55. Under
the shipping manifest requirements in
Appendix G to 10 CFR part 20, waste
must be classified when it is being
shipped for disposal. It is not required
to be classified before shipment for
disposal, i.e., waste being sent to a
processor need not be classified, but
waste being shipped directly for
disposal must be classified in
accordance with 10 CFR 61.55. The
waste classification requirements are
designed to provide for protection
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against an inadvertent intruder into a
waste disposal site 100 years or more
after the site is closed. For higher
concentrations of waste (and higher
waste classes), additional measures are
required at the disposal site to ensure
that the intruder is protected even from
wastes that pose a greater hazard. Thus,
the classification of waste at
intermediate points in its processing is
not relevant to the purpose of waste
classification.
The final rule does not require
classification of waste being imported to
a waste processor because such
classification would have no safety
relevance at that time. The licensed
waste processor, after processing the
waste, must classify the waste which
would ensure that the disposal site
facility requirements are met. This
approach is consistent with domestic
requirements. It should be noted that
the NRC Chairman, on October 8, 2009,
requested a vote paper from the NRC
staff addressing blending of low-level
radioactive waste. While blending is not
related to the import of waste, the issue
of when waste is to be classified will be
addressed in the paper. Current
regulations require that waste be
classified when shipped for disposal. If,
as a result of this current review,
changes are made in classification
requirements or practices, the staff will
implement review procedures for waste
import applications consistent with new
domestic practices or requirements.
While it is agreed that it is
undesirable to import waste that cannot
be disposed of in the United States, the
NRC will ensure, in its review of license
applications, that when there is
uncertainty regarding the final waste
classification of waste to be disposed of,
that an export license application has
been applied for to ensure that no waste
is left in the United States without a
disposal option. This ensures that any
waste without a domestic disposal
option will not be orphaned in the
United States, but will be returned to
the country of origin.
With respect to Agreement States and
compacts making informed decisions,
the NRC will ensure in its consultations
with States and compacts, as applicable,
that the waste to be processed and
disposed of meets the classification
requirements of the disposal facility and
the license conditions of any
intermediate facilities, such as a waste
processor. The final rule notes that
license applicants would need to
characterize the waste before import to
ensure that it meets the license
requirements for a domestic processor.
However, consistent with domestic
regulations, classification is not
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required, since waste classification is
designed to ensure safety of waste to be
disposed of, and is not related to safety
of the waste at intermediate points in its
processing.
In response to the concerns raised by
the second commenter regarding clearly
identifying an imported waste’s
disposition pathway, the NRC will
consult with the Agreement State and,
if applicable, the low-level waste
compact commission to ensure that an
appropriate facility is authorized to
accept waste for management or
disposal.
With respect to the commenter’s
recommendation that import license
applications include a list of all
facilities projected to receive imported
waste, under domestic regulations a
waste processor receiving foreign waste
could only transfer processed waste to
authorized recipients. Thus, there
would be no safety or security concerns,
once waste was received by an
authorized waste processor.
It is possible that other waste
management or disposal facilities
receiving waste from a processor could
be subject to laws or regulations
applicable to foreign wastes; however,
assurances that foreign waste could be
accepted at these facilities would be
needed. Such assurance could come
from consultations with the States and
compacts. In cases where foreign waste
is attributed to the foreign low-level
waste generator, the NRC will consult
with other affected States and compacts
that receive processed waste. Section
110.32(f)(6) places an obligation on the
foreign waste import applicant to
identify where the waste, not attributed
to the processor (i.e. foreign waste that
remains attributed to the foreign lowlevel waste generator), will be disposed
of within the United States. Again, in
accordance with domestic regulations,
the NRC will follow the waste
attribution approaches developed by the
Agreement States and compacts in its
processing of applications to import
foreign waste. There, the applicable
provisions of the proposed rule are
unchanged in this final rule.
Comment: Several commenters
expressed support for the proposed
revisions to §§ 110.43 and 110.45, that
provided clarification that the NRC
consults (with respect to the import of
radioactive waste) with the host State(s),
and, if applicable, the appropriate lowlevel waste compact commission(s) to
confirm that an appropriate facility has
agreed to accept and is authorized to
possess the waste for management or
disposal. However, one commenter
suggested that the NRC should codify
the requirement to obtain the consent of
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any host State that is the proposed
destination for imported radioactive
waste before approving an import
application by adding a new paragraph
(g) to § 110.43.
Another commenter sought
clarification regarding what the NRC
intends to do if there is an impasse
between the NRC and a host State or
compact concerning whether an
appropriate facility is authorized to
accept foreign radioactive waste for
disposal.
A third commenter suggested that the
NRC should distinguish between
Agreement States that should be
consulted to determine if the site is
licensed for disposal and host States
under the compact system that are
consulted to determine if the disposal is
allowed under compact rules. Citing
EnergySolutions, LLC v. NW Interstate
Compact on Low-Level Radioactive
Waste Mgmt., No. 2:08–CV, D. Utah,
June 17, 2009, this commenter stated
that for a non-compact site such as the
EnergySolutions Clive site, the concepts
of host States and compacts do not
apply. For a non-compact site,
consultation with the State in which the
site is located should only address the
authorization for disposal under the
State’s Agreement State authority. This
commenter recommended that
§§ 110.32(f)(6), 110.43(d), and
110.45(b)(4) should be changed to
address these distinctions.
Response: The NRC revised §§ 110.43
and 110.45 in this final rule to further
clarify those contacted and the intent of
the proposed change. In response to the
commenter’s question regarding the
NRC’s actions in an impasse, the NRC
believes that such an impasse is
unlikely because the appropriateness
and authorization of a facility will be
determined by the regulatory authority
(i.e. the NRC or Agreement State) and
compacts as applicable.
F. 110.44—Physical Security Standards
Comment: One commenter sought
clarification of the intent and purpose of
the incorporation by reference of the
current INFCIRC/225/Rev. 4 (corrected),
June 1999, in § 110.44(a). The
commenter stated that it is their
understanding that INFCIRC/225/Rev. 4
(corrected), June 1999, is currently
undergoing review and revision by the
IAEA and international community;
incorporation by reference of the current
INFCIRC document may not address the
applicability of substantial INFCIRC
changes underway that could be
potentially incorporated in the future.
The commenter stated that changes to
INFCIRC/225/Rev. 4 (corrected), June
1999, may have a significant impact on
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physical security standards, policy, and
guidance, both domestic and
international.
Response: The NRC is aware of the
current review by the IAEA and the
international community and will make
any necessary changes to this section
once that document is finalized.
Therefore, INFCIRC/225/Rev. 4
(corrected), June 1999, ‘‘The Physical
Protection of Nuclear Materials and
Nuclear Facilities’’ continues to be
incorporated by reference in § 110.44(a)
of this final rule.
G. 110.50—Terms
Comment: Currently, notifications for
imports are required to be submitted at
least seven days in advance of each
shipment, to the extent practical, but in
no case less than 24 hours in advance
of each shipment. Several commenters
addressed the proposed amendment to
§ 110.50(c) that would require advance
notification for imports to be submitted
seven days in advance of shipment.
Specifically, one commenter stated that
a seven-day advance notification
requirement would cause many
importers of Category 2 sources to be
out of compliance with the proposed
regulation. This commenter noted that
there are many instances where his
customers do not tell him when a source
is being returned.
Another commenter stated that it is
unclear why the NRC now needs sevendays advance notice. The commenter
stated that the only explanation is to
allow NRC adequate time to verify
information. The commenter questioned
the verification information if the
importer is an established licensee and
routinely receives returned sources.
This commenter also noted that the
NSTS would account for imported
sources once received under an NRC or
Agreement State license. The
commenter recommended that the NRC
have no requirement for advance
notification for the import of Category 2
sources because the sources will be
accounted for in the NSTS and there is
no documented benefit to the advance
notification requirement.
One commenter noted that with
regard to imports of Category 1
quantities of material, which are
typically bulk and raw material
shipments, 24-hour advance notification
is currently received and that seven-day
advance notification is not provided
because final shipping arrangements
often change on a daily basis. The
commenter recommended that the NRC
retain the current requirement that
allows for 24-hour advance notification.
Response: The pre-shipment
notification requirement contained in
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§ 110.50 is being included in this final
rule as proposed because the current
policy of ‘‘no less than 24 hours in
advance’’ is insufficient for NRC staff to
verify pre-shipment information and
coordinate with other applicable
government agencies, such as an
Agreement State and/or the U.S.
Customs and Border Protection.
Insufficient time to complete these
activities could result in a delay of the
import entering the United States. The
NRC suggests that licensees work with
their clients to better inform them of
their obligations to comply with United
States’ regulations so that the client can
provide the requisite information to
ensure the U.S. licensee is not out of
compliance. In the event the shipment
date is changed after the NRC has been
notified, the NRC will not require a
revised notification submission if the
shipment will take place within 14 days
of the initial shipment date provided to
the NRC. If the shipment date will be
delayed for a longer period of time, a
new notification should be provided to
the NRC.
III. Section-by-Section Analysis of the
Final Rule
Subpart A—General Provisions
Section 110.1, Purpose and scope.
This final rule removes paragraph (b)(1)
and the remainder of paragraph (b) is
renumbered accordingly. Paragraph (b)
is clarified regarding the regulation of
U.S. Munitions List nuclear items.
Section 110.2, Definitions. This final
rule revises the definitions for
Agreement for Cooperation, Atomic
Energy Act, Classified Information,
Conversion facility, Depleted uranium,
Effective kilograms of special nuclear
material, Embargoed, Executive Branch,
General license, Heels, Medical isotope,
Natural uranium, Non-Nuclear
Weapons State, NRC Public Document
Room, Obligations, Person, Physical
security, Production facility,
Radioactive waste,
Radiopharmaceutical, Recipient
Country, Restricted destinations, and
Specific license. The revision to the
definition of radioactive waste is
discussed in detail in Section I.B of this
document. The definitions for Bulk
material, Low-level waste compact, and
Nuclear Suppliers Group are added for
clarification purposes. In addition, this
final rule removes the definition of
Incidental radioactive material as
discussed in Section I.B of this
document.
Section 110.6, Retransfers. This final
rule adds language clarifying the scope
of the provisions to be consistent with
the requirements of the Atomic Energy
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Act. Paragraph (b) is amended to update
the address for the Department of
Energy.
Section 110.7, Information collection
requirements: OMB approval. This final
rule restructures the section for
clarification and makes a minor
editorial change.
Section 110.7a, Completeness and
accuracy information. This final rule
makes an editorial change to paragraph
(b).
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Subpart B—Exemptions
Section 110.10, General. This final
rule amends paragraph (c) to clarify that
an exemption does not relieve any
person from complying with the
regulations of other U.S. Federal and/or
State government agencies.
Section 110.11, Export of IAEA
safeguards samples. This final rule
makes editorial changes.
Subpart C—Licenses
Section 110.19, Types of licenses.
This final rule removes paragraph (b)
which relates to exports of incidental
radioactive material. This final rule also
amends paragraph (a) by removing the
last sentence regarding compliance with
other applicable regulations, and the
paragraphs designation. The
requirement that general and specific
licensees are subject to other applicable
laws or regulations is addressed in
§ 110.50(a).
Section 110.20, General license
information. This final rule removes
references to ‘‘incidental radioactive
material’’ and corrects citations in
paragraph (a). Paragraph (d) is amended
to preclude use of generally licensed
material in any illegal or inappropriate
activity such as use in a radiological
dispersion device, diversion of material
or equipment, and other malicious acts.
Section 110.21, General license for the
export of special nuclear material. This
final rule removes the general license
provision related to the export of
incidental radioactive material in
paragraph (e) and makes editorial
changes to paragraphs (a), (b), and (c).
Section 110.22, General license for the
export of source material. This final rule
deletes paragraph (c), makes editorial
changes, corrects internal reference
errors in the section, and adds a
reference to paragraph (d) to the text of
paragraph (e). Paragraph (c) is removed
because it repeats rule text found in
§ 110.21(b)(3). The final rule also
removes the general license provision
related to the export of incidental
radioactive material in paragraph (g).
Section 110.23, General license for the
export of byproduct material. This final
rule makes editorial and organizational
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changes to clarify requirements. The
reporting requirements in paragraph (b)
for exports of americium and
neptunium are moved to § 110.54,
Reporting requirements.
Section 110.24, General license for the
export of deuterium. This final rule
makes editorial changes to clarify the
text in order to improve readability.
Section 110.25. This final rule adds
and reserves § 110.25. This change is
made to clarify that there is not a
printing error in 10 CFR part 110 and
reserves this section for possible future
changes to the regulations.
Section 110.26, General license for the
export of nuclear reactor components.
This final rule restructures paragraph (a)
to clarify that the general license covers
components of U.S. origin. In response
to a comment received on the proposed
rule, a clarifying note is added at the
end of § 110.26 regarding ‘‘U.S. origin’’.
The text of paragraph (a)(1) is
incorporated into the introductory text
of paragraph (a). Paragraphs (a)(2) and
(a)(3) are redesignated as (a)(1) and
(a)(2), respectively. New paragraph
(a)(2) is revised to allow a component to
be returned to the United States after
final fabrication or repair or to be used
in a nuclear power or research reactor
in one of the destinations listed in the
section. This allows, for example, a
component that was sent to Japan for
final fabrication or repair to be sent to
Spain for use in a nuclear power or
research reactor in that country. The list
of destinations previously contained in
paragraph (a) are now in the new
paragraph (b) of this final rule.
Subsequent paragraphs are renumbered
accordingly.
New paragraph (b) is revised to
include additional destinations to
which exports may be sent under a
general license. These destinations are
Cyprus, Estonia, Hungary, Malta,
Poland, Slovak Republic, and Slovenia.
The United States has received broad
generic assurances from EURATOM
which also apply to these new
EURATOM member countries for
purposes of section 109b. of the Atomic
Energy Act.
The reporting requirements contained
in paragraph (d) for exports of reactor
components are moved to § 110.54,
Reporting requirements, in this final
rule.
Section 110.27, General license for
imports. This final rule removes
paragraphs (a)(1) and (a)(2). NRC’s
import regulations do not apply to DOE
imports of source, special nuclear, or
byproduct material including imports
conducted on DOE’s behalf by DOE
contractors. Paragraph (a)(2) is removed
because a general license is not required
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for the import of byproduct, source, or
special nuclear material when that same
material is exempt from NRC domestic
licensing requirements. This change
clarifies that material that is exempt or
else not subject to domestic licensing
requirements (e.g., § 31.18 and § 40.13)
does not require a general or specific
import license unless otherwise
mandated in 10 CFR part 110.
Paragraph (b) is revised to clarify that
the 100 kilograms per shipment limit
only applies to the material and does
not include the weight of the container.
As revised, this paragraph states that the
general license in paragraph (a) does not
authorize the import of more than 100
kilograms per shipment of source and/
or special nuclear material in the form
of irradiated fuel.
This final rule revises paragraph (f) by
removing the specific license
requirement for imports of radioactive
material listed in Table 1 of Appendix
P to 10 CFR part 110 and referencing the
advance notification requirement in
§ 110.50.
Section 110.30, Members of the
Nuclear Suppliers Group. This final rule
updates the list of Nuclear Suppliers
Group members by adding China,
Croatia, Estonia, Iceland, Kazakhstan,
Lithuania, and Malta.
Section 110.31, Application for a
specific license. The final rule amends
this section to require requests for an
exemption from a licensing requirement
to be filed on NRC Form 7. This is
consistent with NRC regulations that
require all licensing requests (e.g.,
exports, imports, amendment, and
renewal applications) to be made using
NRC Form 7. See 71 FR 19102; April 13,
2006.
This final rule also requires a request
for an exemption from a licensing
requirement to be accompanied by the
appropriate fee in accordance with the
fee schedules in §§ 170.21 and 170.31.
This change is consistent with the Fiscal
Year 2007 NRC Fee Rule which
established a flat fee for requests for
exemptions from the NRC’s export and
import licensing requirements. See 72
FR 31402; June 6, 2007. This change
updates 10 CFR part 110 to reflect
recent changes to the fee schedule in 10
CFR part 170.
Additionally, this final rule adds a
signature requirement to § 110.31 that
each application submitted on NRC
Form 7 must be signed by the applicant
or licensee or a person duly authorized
to act for and on behalf of the applicant
or licensee. This change is consistent
with requirements related to
applications for specific licenses in
other parts of the NRC’s regulations. It
also clarifies that a signature is required
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to certify the veracity of information
submitted to the agency on the NRC
Form 7.
Finally, the order of paragraphs (b)
and (c) is reversed so that § 110.31 flows
in a more logical manner where the
requirement for an application for a
specific license to export or import or a
request for an exemption from a
licensing requirement precedes the
requirement that such an application or
request be accompanied by the
appropriate license fee. In paragraph (b),
as revised, ‘‘combined export/import’’ is
removed to be consistent with the
proposal to allow imports of Category 1
and 2 materials listed in Table 1 of
Appendix P of 10 CFR part 110 under
general license.
Section 110.32, Information required
on an application for a specific license/
NRC Form 7. This final rule change to
paragraph (b) to clarify that the name
and address of any other party,
including the supplier of the equipment
or material, if different from the
applicant, must be provided on the
application. Paragraphs (f)(1) and (f)(2)
are amended for consistency purposes.
Specifically, for the export of nuclear
equipment to a foreign reactor, a license
application will include the name of the
facility so the NRC will know whether
Executive Branch review is required,
per § 110.41(a)(7).
This section is also amended to clarify
that applicants for the import of
radioactive waste must provide the
classification of that waste as defined in
10 CFR 61.55 when the waste is being
imported for direct disposal. If the waste
is being imported for treatment or
management at an NRC- or Agreement
State-licensed waste processor,
classification, as defined in 10 CFR
61.55, is not required. Rather, a detailed
characterization (physical and chemical
characteristics) of the waste being
imported for treatment or management
must be provided in the application.
Paragraph (g) is deleted to conform to
the change that allows Category 1 and
Category 2 quantities of radioactive
materials to be imported under a general
license. This change is discussed in
more detail in the section-by-section
analysis for § 110.27.
Paragraph (h) is redesignated as new
paragraph (g) and allows the exporter of
Category 2 quantities of material listed
in Table 1 of Appendix P to provide the
pertinent documentation that the
recipient of the material has the
necessary authorization under the laws
and regulations of the importing country
to receive and possess the material to
the NRC at least 24 hours prior to the
shipment. The requirement that the
applicant for a Category 1 export license
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provide the NRC, at the time the
application is submitted, with pertinent
documentation demonstrating that the
recipient of the radioactive material has
the necessary authorization (usually in
the form of a license) under the laws
and regulations of the importing country
to receive and possess the material
remain unchanged.
Subpart D—Review of License
Applications
Section 110.40, Commission review.
This final rule amends this section to
reduce the number of export license
applications that require Commission
review, and instead focuses Commission
review on the export license
applications that raise significant policy
issues. For example, mandatory
Commission review of export
applications for nuclear grade graphite
for nuclear end use and 1,000 kilograms
or more of deuterium oxide are no
longer required unless the export raises
an important policy issue. This change
also increases the proposed export of
one effective kilogram of high-enriched
uranium, plutonium or uranium-233 to
five effective kilograms for mandatory
Commission review. The change
mandates Commission review of export
and import license applications that
raise significant policy issues.
Significant policy issues include, but
are not limited to, the proposed initial
decision on whether to issue a license
with special limitations to a country, or
the proposed decision on issuance of a
license covering a facility where major
safety or security issues have been
recently raised. If the staff is uncertain
whether a license application raises a
significant policy issue, the license
application should receive Commission
review. However, any export that is
subject to special limitations as
determined by the staff or the Executive
Branch will be considered one that
raises a significant policy issue and will
continue to require Commission review.
By focusing on policy issues, this
change increases efficiency and reduces
fees on routine NRC export applications.
This final rule also adds a requirement
for Commission review of export
applications of material listed in Table
1 of appendix P to 10 CFR part 110
involving exceptional circumstances, as
defined in § 110.42, or Category 1
quantities of material to any country
listed in § 110.28.
Section 110.41, Executive Branch
review. The final rule makes a minor
editorial change and requires Executive
Branch review of exports raising
significant policy issues, including
exports of radioactive material listed in
Table 1 of appendix P to 10 CFR part
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110 involving exceptional
circumstances, as defined in § 110.42.
Also, the export of radioactive material
listed in Table 1 of Appendix P to any
country listed in §§ 110.28 or 110.29
requires the review of the Executive
Branch in accordance with
§ 110.41(a)(9).
Section 110.43, Import licensing
criteria. This final rule clarifies that,
with respect to the import of radioactive
waste, the NRC consults with, as
applicable, the Agreement State in
which the facility is located and the
low-level waste compact commission(s)
to confirm that an appropriate facility
has agreed to accept and is authorized
to possess the waste for management or
disposal. This change addresses
commenters questions that the NRC
received on the scope of the Agreement
State and low-level waste compact
commission’s role (if applicable)
regarding the NRC’s review of import
applications for radioactive waste.
Additionally, this final rule removes
the import licensing criteria related to
the imports of radioactive material
listed in Appendix P. This change
conforms § 110.43 with the change to
allow Category 1 and Category 2
quantities of radioactive materials to be
imported under a general license. This
change is discussed in more detail in
the section-by-section analysis for
§ 110.27.
Section 110.44, Physical security
standards. This final rule corrects the
Web site address for the National
Archives and Records Administration.
Changes to § 110.44(b)(1) clarify that the
Commission determinations on the
adequacy of physical security measures
are based on receipt by the appropriate
U.S. Executive Branch agency of written
assurances from the relevant recipient
country governments that physical
security measures for providing
protection are at least comparable to the
recommendations set forth in INFCIRC/
225/Rev. 4 (corrected), June 1999.
Section 110.45, Issuance or denial of
license. This final rule removes the
parenthetical text in paragraph (a) that
states ‘‘If an Executive Order provides an
exemption pursuant to section 126a of
the Atomic Energy Act, proposed
exports to EURATOM countries are not
required to meet the criteria in
§ 110.42(a)(4) and (5)’’. This is no longer
needed because the Agreement for
Cooperation in the Peaceful Uses of
Nuclear Energy between the European
Atomic Energy Community
(EURATOM) and the United States of
America that went into effect in 1995
obviates the need for a presidential
exemption.
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This final rule makes conforming
changes to paragraph (b)(4) which are
consistent with the changes to
§ 110.43(d), regarding the issuance of an
import license for radioactive waste.
Paragraph (b)(5) is removed to eliminate
the criteria related to the imports of
radioactive material listed in Appendix
P to 10 CFR part 110. This change
conforms § 110.45 with the change to
allow Category 1 and Category 2
quantities of radioactive materials to be
imported under a general license. This
change is discussed in more detail in
the section-by-section analysis for
§ 110.27. Additionally, paragraph (d) is
amended to clarify that the provisions
in this paragraph do not apply to
Commission decisions regarding license
applications for specific licenses to
export radioactive material listed in
Table 1 of Appendix P.
Subpart E—License Terms and Related
Provisions
Section 110.50, Terms. This final rule
makes several editorial, clarifying, and
conforming changes to this section. In
paragraph (a)(1), changes clarify that
each license is subject to all applicable
provisions of the Atomic Energy Act or
other applicable law. Paragraph (a)(4) is
rewritten and renumbered as paragraph
(a)(5) to make clear that each license
issued by the NRC for the export or
import of nuclear material authorizes
only the export or import of that nuclear
material and accompanying packaging,
fuel element, hardware, or other
associated devices or products.
Paragraph (b)(5) is revised to remove
reference to 10 CFR parts 40, 70, 71, and
73 and renumbered as paragraph (a)(3).
This license term applies to both general
and specific licenses and is moved to
paragraph (a).
In paragraph (b)(2), changes clarify
that a licensee may export or import
only for the purpose(s) and/or enduse(s) stated in the specific export or
import license issued by the NRC.
Paragraph (b)(3) is amended by adding
a new paragraph (b)(3)(i) and
renumbering current paragraphs (b)(3)(i)
and (b)(3)(ii) as (b)(3)(ii) and (b)(3)(iii),
respectively. New paragraph (b)(3)(i)
clarifies that prior to shipment of certain
nuclear material or equipment that has
associated with it export controls
imposed by other countries (foreignobligated material or equipment), a
license amendment may be required to
authorize the shipment. Alternatively,
the licensee is to give the NRC 40-days
advance notice of the intended
shipment.
Paragraph (b)(4) is redesignated as
new paragraph (c) and includes the
requirements for advanced notifications
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related to the export or import of
radioactive material listed in Table 1 of
appendix P to 10 CFR part 110. Changes
to the advance notification requirements
conforms this section to the change to
allow Category 1 and Category 2
quantities of radioactive materials to be
imported under a general license. This
change is discussed in more detail in
the section-by-section analysis for
§ 110.27. Additionally, editorial changes
update the Web site information for the
Office of International Programs and
provide specific details on where to
send the information required for export
and import notifications.
Section 110.51, Amendment and
renewal of licenses. This final rule
separates the requirements for license
amendments and renewals into separate
paragraphs. This change clarifies the
differences in requirements between
amendment and renewal requests and
improves readability of the section. No
substantive changes are made to the
requirements of the paragraphs.
Section 110.53, United States address,
records, and inspections. This final rule
clarifies that both general and specific
licensees are required to have an office
in the United States where papers may
be served and where records required by
the Commission will be maintained.
Also, similar clarifying language is
added to paragraph (b) of this section
that license applicants and both general
and specific licensees shall maintain
records concerning its exports and
imports. Clarifying language is added
that byproduct material records must be
retained for three years after the date of
each export or import shipment.
Section 110.54, Reporting
requirements. The reporting
requirements in § 110.23 for exports of
americium and neptunium, and in
§ 110.26 for exports of reactor
components have been moved to
§ 110.54. This change consolidates the
reporting requirements in 10 CFR part
110 into one section.
Subpart F—Violations and Enforcement
Sections 110.60, Violations, 110.66,
Enforcement hearing, and 110.67,
Criminal penalties. This final rule
makes non-substantive changes for the
purposes of consistency and
clarification.
Subpart G—Public Notification and
Availability of Documents and Records
Section 110.70, Public notice of
receipt of an application. This final rule
clarifies that the Commission will
publish in the Federal Register a notice
of receipt for applications for
amendment or renewal for the export of
the nuclear equipment and material
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listed in § 110.70(b)(1) through (b)(5)
and for applications for amendment or
renewal for the import of radioactive
waste. Once a notice has been
published, the Commission would not
publish in the Federal Register
proposed minor amendments to the
application or license. Proposed
amendments would be posted on the
NRC’s Web site.
Subpart H—Public Participation
Procedures Concerning License
Applications
Section 110.80, Basis for hearings.
This final rule corrects the omission of
the word ‘‘import’’ from the section. This
change clarifies that the procedures in
10 CFR part 110 constitute the exclusive
basis for hearings on export and import
license applications.
Section 110.81, Written comments.
This final rule clarifies that 30 days after
public notice of receipt of the
application means 30 days after the
application is posted on the NRC Web
site at http://www.nrc.gov or in the
Federal Register for those applications
required to be published in the Federal
Register.
Section 110.82, Hearing request or
intervention petition. This final rule
adds language stating that hearing
requests and intervention petitions are
considered timely when filed no later
than 30 days after publication of notice
on the NRC Web site. This change is
consistent with § 110.70, which states
that the Commission will notice the
receipt of each specific license
application for an export or import by
making a copy available at the NRC Web
site, http://www.nrc.gov. Paragraphs
(c)(2) and (c)(3) are renumbered
accordingly.
Subpart I—Hearings
Section 110.112, Reporter and
transcript for an oral hearing. This final
rule clarifies the scope of information
that will be made available at the NRC
Web site or Public Document Room.
Any portions of the transcript for an oral
hearing containing classified
information, Restricted Data, Safeguards
information, proprietary information, or
other sensitive unclassified information
will not be made available to the public.
Appendix L to 10 CFR part 110—
Illustrative list of byproduct material
under NRC export/import licensing
authority.
This final rule revises the list of
byproduct material in Appendix L to
include several radionuclides that are
now classified as byproduct material as
a result of the Energy Policy Act of
2005, which expanded the definition of
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byproduct material in Section 11e. of
the Atomic Energy Act.
Agreement State Compatibility
Under the ‘‘Policy Statement on
Adequacy and Compatibility of
Agreement State Programs’’ approved by
the Commission on June 30, 1997, and
published in the Federal Register on
September 3, 1997 (62 FR 46517), this
rule is classified as Compatibility
Category ‘‘NRC.’’ Compatibility is not
required for Category ‘‘NRC’’ regulations.
The NRC program elements in this
category are those that relate directly to
areas of regulation reserved to the NRC
by the Atomic Energy Act of 1954, as
amended, or the provisions of Title 10
of the Code of Federal Regulations.
Although an Agreement State may not
adopt program elements reserved to
NRC, it may wish to inform its licensees
of certain requirements via a mechanism
that is consistent with the particular
State’s administrative procedure laws
but does not confer regulatory authority
on the State. The NRC will provide the
Agreement States additional
information so that they can inform
their licensees of the change to and
obligations under the revised import/
export regulations.
Voluntary Consensus Standards
The National Technology Transfer
and Advancement Act of 1995 (Pub. L.
104–113) requires that Federal Agencies
use technical standards that are
developed or adopted by voluntary
consensus standards bodies unless
using such a standard is inconsistent
with applicable law or otherwise
impractical. This action does not
constitute the establishment of a
standard for which the use of a
voluntary consensus standard would be
applicable.
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Environmental Impact: Categorical
Exclusion
The NRC has determined that this
final rule is the type of action described
in categorical exclusion 10 CFR
51.22(c)(1). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this rule.
Paperwork Reduction Act Statement
This final rule decreases the
information collection burden on
licensees to update, clarify, and correct
several provisions. The public burden
for this information collection is
estimated to be a reduction of 6 hours,
which is insignificant. Because the
burden for this information collection is
insignificant, Office of Management and
Budget (OMB) approval of the final rule
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is not required. Existing requirements
were approved by the Office of
Management and Budget, approval
number 3150–0036.
entities’’ set forth in the Regulatory
Flexibility Act (5 U.S.C. 601(3)), or the
Size Standards established by the NRC
(10 CFR 2.810).
Abstract
The NRC is amending its regulations
that govern the export and import of
nuclear equipment and material. In
addition to updating, clarifying, and
correcting several provisions, the final
rule allows Category 1 and 2 quantities
of material to be imported under a
general license.
Backfit Analysis
The NRC has determined that a
backfit analysis is not required for this
rule because these amendments do not
involve any provisions that impose
backfits as defined in 10 CFR chapter I.
Public Protection Notification
The NRC may not conduct or sponsor,
and a person is not required to respond
to, a request for information or an
information collection requirement
unless the requesting document
displays a currently valid OMB control
number.
Regulatory Analysis
A regulatory analysis has not been
prepared for this regulation. The NRC is
amending its regulations at 10 CFR part
110 to update, clarify, and correct
several provisions improving NRC’s
regulatory framework for the export and
import of nuclear equipment, material,
and radioactive waste. Most of the
changes are administrative in nature
and result in no changes to the
information collection burden or costs
to the public. In addition to updating,
clarifying and correcting several
provisions of 10 CFR part 110, this final
rule allows imports of Category 1 and 2
quantities of material under a general
license instead of a specific license. The
final rule also revises the definition of
‘‘radioactive waste.’’ In addition, the
definition of ‘‘incidental radioactive
material’’ has been removed and aspects
of it have been incorporated into the
revised definition of ‘‘radioactive
waste.’’ The changes to 10 CFR part 110
facilitate the licensing process for
exports and imports of radioactive waste
and improve the efficiency and
consistency of licensing actions. These
changes do not result in a significant
increase to the information collection
burden or costs to the public.
Regulatory Flexibility Certification
As required by the Regulatory
Flexibility Act of 1980, (5 U.S.C.
605(b)), the Commission certifies that
this rule does not have a significant
economic impact on a substantial
number of small entities. This rule
affects only companies exporting or
importing nuclear equipment, material,
and radioactive waste to and from the
United States and does not fall within
the scope of the definition of ‘‘small
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Congressional Review Act
In accordance with the Congressional
Review Act of 1996, the NRC has
determined that this action is not a
major rule and has verified this
determination with the Office of
Information and Regulatory Affairs of
OMB.
List of Subjects in 10 CFR Part 110
Administrative practice and
procedure, Classified information,
Criminal penalties, Export, Import,
Incorporation by reference,
Intergovernmental relations, Nuclear
materials, Nuclear power plants and
reactors, Reporting and recordkeeping
requirements, Scientific equipment.
■ For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; and 5 U.S.C. 553, the NRC
is adopting the following amendments
to 10 CFR part 110.
PART 110—EXPORT AND IMPORT OF
NUCLEAR EQUIPMENT AND
MATERIAL
1. The authority citation for part 110
continues to read as follows:
■
Authority: Secs. 51, 53, 54, 57, 63, 64, 65,
81, 82, 103, 104, 109, 111, 126, 127, 128, 129,
134, 161, 181, 182, 183, 187, 189, 68 Stat.
929, 930, 931, 932, 933, 936, 937, 948, 953,
954, 955, 956, as amended (42 U.S.C. 2071,
2073, 2074, 2077, 2092–2095, 2111, 2112,
2133, 2134, 2139, 2139a, 2141, 2154–2158,
2201, 2231–2233, 2237, 2239); sec. 201, 88
Stat. 1242, as amended (42 U.S.C. 5841; sec.
5, Pub. L. 101–575, 104 Stat 2835 (42 U.S.C.
2243); sec. 1704, 112 Stat. 2750 (44 U.S.C.
3504 note); Energy Policy Act of 2005; Pub.
L. 109–58, 119 Stat. 594 (2005).
Sections 110.1(b)(2) and 110.1(b)(3) also
issued under Pub. L. 96–92, 93 Stat. 710 (22
U.S.C. 2403). Section 110.11 also issued
under sec. 122, 68 Stat. 939 (42 U.S.C. 2152)
and secs. 54c and 57d, 88 Stat. 473, 475 (42
U.S.C. 2074). Section 110.27 also issued
under sec. 309(a), Pub. L. 99–440. Section
110.50(b)(3) also issued under sec. 123, 92
Stat. 142 (42 U.S.C. 2153). Section 110.51
also issued under sec. 184, 68 Stat. 954, as
amended (42 U.S.C. 2234). Section 110.52
also issued under sec. 186, 68 Stat. 955 (42
U.S.C. 2236). Sections 110.80–110.113 also
issued under 5 U.S.C. 552, 554. Sections
110.130–110.135 also issued under 5 U.S.C.
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553. Sections 110.2 and 110.42(a)(9) also
issued under sec. 903, Pub. L. 102–496 (42
U.S.C. 2151 et seq.).
2. In § 110.1, paragraph (b) is revised
to read as follows:
■
§ 110.1
Purpose and scope.
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*
*
*
*
*
(b) The regulations in this part apply
to all persons in the United States
except:
(1) Persons who import or export U.S.
Munitions List nuclear items such as
uranium depleted in the isotope-235
and incorporated in defense articles.
These persons are subject to the
regulations promulgated pursuant to the
Arms Export Control Act and
administered by the Department of
State, Directorate of Defense Trade
Controls, and the Department of Justice,
Bureau of Alcohol, Tobacco, Firearms
and Explosives, as authorized by section
110 of the International Security and
Development Cooperation Act of 1980.
(2) Persons who export uranium
depleted in the isotope-235 and
incorporated in commodities solely to
take advantage of high density or
pyrophoric characteristics. These
persons are subject to the controls of the
Department of Commerce under the
Export Administration Act, as
continued in force under Executive
Order 13222 (August 22, 2001), as
extended;
(3) Persons who export nuclear
referral list commodities such as bulk
zirconium, rotor and bellows
equipment, maraging steel, nuclear
reactor related equipment, including
process control systems and simulators.
These persons are subject to the
licensing authority of the Department of
Commerce pursuant to 15 CFR part 730
et seq.;
(4) Persons who import deuterium,
nuclear grade graphite, or nuclear
equipment other than production or
utilization facilities. A uranium
enrichment facility is not a production
facility for the purposes of import; and
(5) Shipments which are only passing
through the U.S. (in bond shipments) do
not require an NRC import or export
license; however, they must comply
with the Department of Transportation/
IAEA packaging, and State
transportation requirements.
■ 3. In § 110.2:
■ a. The definition of ‘‘Incidental
radioactive material’’ is removed;
■ b. The definitions of ‘‘Agreement for
Cooperation’’, ‘‘Atomic Energy Act’’,
‘‘Classified Information’’, ‘‘Conversion
facility’’, ‘‘Depleted uranium’’, ‘‘Effective
kilograms of special nuclear material’’,
‘‘Embargoed’’, ‘‘Executive Branch’’,
‘‘General license’’, ‘‘Heels’’, ‘‘Medical
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isotope’’, ‘‘Natural uranium’’, ‘‘NonNuclear Weapons State’’, ‘‘NRC Public
Document Room’’, ‘‘Obligations’’,
‘‘Person’’, ‘‘Physical security’’,
‘‘Production facility’’, ‘‘Radioactive
waste’’, ‘‘Radiopharmaceutical’’,
‘‘Recipient Country’’, ‘‘Restricted
destinations’’, and ‘‘Specific license’’ are
revised; and
■ c. The definitions of ‘‘Bulk material’’,
‘‘Low-level waste compact’’, and
‘‘Nuclear Suppliers Group’’ are added in
alphabetical order.
The revisions and additions read as
follows:
§ 110.2
Definitions.
*
*
*
*
*
Agreement for Cooperation means any
agreement with another nation or group
of nations concluded under section 123
of the Atomic Energy Act.
Atomic Energy Act means the Atomic
Energy Act of 1954, as amended (42
U.S.C. 2011 et seq.).
Bulk Material means any quantity of
any one or more of the radionuclides
listed in Table 1 of Appendix P to this
part in a form that is:
(1) Not a Category 1 radioactive
source;
(2) Not a Category 2 radioactive
source;
(3) Not plutonium-238; and
(4) Deemed to pose a risk similar to
or greater than a Category 2 radioactive
source.
*
*
*
*
*
Classified Information means
Classified National Security Information
under Executive Order 12958, as
amended, or any successor Executive
Order and Restricted Data under the
Atomic Energy Act.
*
*
*
*
*
Conversion facility means any facility
for the transformation from one uranium
chemical species to another, including
conversion of uranium ore concentrates
to uranium trioxide (UO3), conversion
of UO3 to uranium dioxide (UO2),
conversion of uranium oxides to
uranium tetrafluoride (UF4) or uranium
hexafluoride (UF6), conversion of UF4
to UF6, conversion of UF6 to UF4,
conversion of UF4 to uranium metal,
and conversion of uranium fluorides to
UO2.
Depleted uranium means uranium
having a percentage of uranium-235 less
than the naturally occurring distribution
of uranium-235 found in natural
uranium (less than 0.711 weight percent
uranium-235). It is obtained from spent
(used) fuel elements or as byproduct
tails or residues from uranium isotope
separation.
*
*
*
*
*
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44085
Effective kilograms of special nuclear
material means:
(1) For plutonium and uranium-233,
their weight in kilograms;
(2) For uranium enriched 1 percent or
greater in the isotope uranium-235, its
element weight in kilograms multiplied
by the square of its enrichment
expressed as a decimal weight fraction;
and
(3) For uranium enriched below 1
percent in the isotope uranium-235, its
element weight in kilograms multiplied
by 0.0001.
Embargoed means that no nuclear
material or equipment can be exported
to certain countries under an NRC
general license. Exports to embargoed
countries must be pursuant to a specific
license issued by the NRC and require
Executive Branch review pursuant to
§ 110.41.
*
*
*
*
*
Executive Branch means the
Departments of State, Energy, Defense
and Commerce.
*
*
*
*
*
General license means an export or
import license effective without the
filing of a specific application with the
Commission or the issuance of licensing
documents to a particular person. A
general license is a type of license
issued through rulemaking by the NRC
and is not an exemption from the
requirements in this part. A general
license does not relieve a person from
complying with other applicable NRC,
Federal, and State requirements.
Heels means small quantities of
natural, depleted or low-enriched
uranium (to a maximum of 20 percent),
in the form of uranium hexaflouride
(UF6) left in emptied transport cylinders
being returned to suppliers after
delivery of the product.
*
*
*
*
*
Low-level waste compact, as used in
this part, means a compact entered into
by two or more States pursuant to the
Low-Level Radioactive Waste Policy
Amendments Act of 1985.
*
*
*
*
*
Medical isotope, for the purposes of
§ 110.42(a)(9), includes molybdenum99, iodine-131, xenon-133, and other
radioactive materials used to produce a
radiopharmaceutical for diagnostic,
therapeutic procedures or for research
and development.
Natural uranium means uranium as
found in nature, containing about 0.711
percent of uranium-235, 99.283 percent
of uranium-238, and a trace (0.006
percent) of uranium-234.
*
*
*
*
*
Non-Nuclear Weapon State means
any State not a nuclear weapon State as
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Federal Register / Vol. 75, No. 144 / Wednesday, July 28, 2010 / Rules and Regulations
defined in the Treaty on the NonProliferation of Nuclear Weapons.
Nuclear Weapon State means any State
which has manufactured and exploded
a nuclear weapon or other nuclear
explosive device prior to January 1,
1967 (China, France, Russia, United
Kingdom, United States).
*
*
*
*
*
NRC Public Document Room means
the facility at One White Flint North,
11555 Rockville Pike (first floor),
Rockville, Maryland, where certain
public records of the NRC that were
made available for public inspection in
paper or microfiche prior to the
implementation of the NRC Agencywide
Documents Access and Management
System, commonly referred to as
ADAMS, will remain available for
public inspection. It is also the place
where NRC makes computer terminals
available to access the Publicly
Available Records System (PARS)
component of ADAMS on the NRC Web
site, http://www.nrc.gov, and where
copies can be viewed or ordered for a
fee as set forth in § 9.35 of this chapter.
The facility is staffed with reference
librarians to assist the public in
identifying and locating documents and
in using the NRC Website and ADAMS.
The NRC Public Document Room is
open from 7:45 a.m. to 4:15 p.m.,
Monday through Friday, except on
Federal holidays. Reference service and
access to documents may also be
requested by telephone (301–415–4737
or 800–397–4209) between 8:30 a.m.
and 4:15 p.m., or by e-mail
([email protected]), facsimile
(301–415–3548), or letter (NRC Public
Document Room, One White Flint
North, 11555 Rockville Pike (first floor),
Rockville, Maryland 20852–2738).
*
*
*
*
*
Nuclear Suppliers Group (NSG) is a
group of nuclear supplier countries
which seeks to contribute to the nonproliferation of nuclear weapons
through the implementation of
Guidelines for nuclear exports and
nuclear-related exports.
Obligations means the commitments
undertaken by the U.S. Government or
by foreign governments or groups of
nations with respect to imports or
exports of nuclear material (except
byproduct material) and equipment
listed in §§ 110.8 and 110.9. Imports
and exports of material or equipment
subject to these commitments involve
conditions placed on the transfer of the
material or equipment, such as peaceful
end-use assurances, prior consent for
retransfer, and exchanges of information
on the import or export. The U.S.
Government informs the licensee of
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obligations attached to material or
equipment being imported into the
United States and approves changes to
those obligations.
*
*
*
*
*
Person means any individual,
corporation, partnership, firm,
association, trust, estate, public or
private institution, group, Government
agency, other than the Commission or
the Department of Energy, except that
the Department of Energy shall be
considered a person within the meaning
of the regulations in this part to the
extent that its activities are subject to
the licensing and related regulatory
authority of the Commission pursuant to
section 111 of the Atomic Energy Act;
any State or political subdivision of, or
any political entity within a State, any
foreign government or nation or any
political subdivision of any such
government or nation, or other entity;
and any legal successor, representative,
agent, or agency of the foregoing.
Physical security or Physical
protection means measures to
reasonably ensure that source or special
nuclear material will only be used for
authorized purposes and to prevent
theft or sabotage.
Production facility means any nuclear
reactor or plant specially designed or
used to produce special nuclear material
through the irradiation of source
material or special nuclear material, the
chemical reprocessing of irradiated
source or special nuclear material, or
the separation of isotopes, other than a
uranium enrichment facility for
purposes of import.
*
*
*
*
*
Radioactive waste, for the purposes of
this part, means any material that
contains or is contaminated with source,
byproduct, or special nuclear material
that by its possession would require a
specific radioactive material license in
accordance with this Chapter and is
imported or exported for the purposes of
disposal in a land disposal facility as
defined in 10 CFR part 61, a disposal
area as defined in Appendix A to 10
CFR part 40, or an equivalent facility; or
recycling, waste treatment or other
waste management process that
generates radioactive material for
disposal in a land disposal facility as
defined in 10 CFR part 61, a disposal
area as defined in Appendix A to 10
CFR part 40, or an equivalent facility.
Radioactive waste does not include
radioactive material that is—
(1) Of U.S. origin and contained in a
sealed source, or device containing a
sealed source, that is being returned to
a manufacturer, distributor or other
entity which is authorized to receive
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and possess the sealed source or the
device containing a sealed source;
(2) A contaminant on any nonradioactive material (including service
tools and protective clothing) used in a
nuclear facility (an NRC- or Agreement
State-licensed facility (or equivalent
facility) or activity authorized to possess
or use radioactive material), if the
material is being shipped solely for
recovery and beneficial reuse of the
non-radioactive material in a nuclear
facility and not for waste management
purposes or disposal;
(3) Exempted from regulation by the
Nuclear Regulatory Commission or
equivalent Agreement State regulations;
(4) Generated or used in a U.S.
Government waste research and
development testing program under
international arrangements;
(5) Being returned by or for the U.S.
Government or military to a facility that
is authorized to possess the material; or
(6) Imported solely for the purposes of
recycling and not for waste management
or disposal where there is a market for
the recycled material and evidence of a
contract or business agreement can be
produced upon request by the NRC.
Note: The definition of radioactive waste in
this part does not include spent or irradiated
fuel.
Radiopharmaceutical, for the
purposes of § 110.42(a)(9), means a
radioactive isotope that contains
byproduct material combined with
chemical or biological material and is
designed to accumulate temporarily in a
part of the body for therapeutic
purposes or for enabling the production
of a useful image for use in a diagnosis
of a medical condition.
Recipient Country, for the purposes of
§ 110.42(a)(9), means Canada, Belgium,
France, Germany, and the Netherlands.
Restricted destinations means
countries that are listed in § 110.29
based on recommendations from the
Executive Branch. These countries may
receive exports of certain materials and
quantities under a general license, but
some exports to restricted destinations
will require issuance of a specific
license by the NRC including Executive
Branch review pursuant to § 110.41.
*
*
*
*
*
Specific license means an export or
import license document issued to a
named person and authorizing the
export or import of specified nuclear
equipment or materials based upon the
review and approval of an NRC Form 7
application filed pursuant to this part
and other related submittals in support
of the application.
*
*
*
*
*
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4. Section 110.6 is revised to read as
follows:
■
§ 110.6
§ 110.10
■
Retransfers.
(a) Retransfer of any nuclear
equipment or material listed in §§ 110.8
and 110.9 (except byproduct material),
including special nuclear material
produced through the use of equipment,
source material, or special nuclear
material bearing obligations to the
United States pursuant to an agreement
for cooperation, requires authorization
by the Department of Energy, unless the
export to the new destination is
authorized by the NRC under a specific
or general license or an exemption from
licensing requirements. See definition of
‘‘obligations’’ in § 110.2.
(b) Requests for authority to retransfer
are processed by the Department of
Energy, National Nuclear Security
Administration, Office of International
Regimes and Agreements, Washington,
DC 20585.
■ 5. In § 110.7, paragraph (c) is revised
to read as follows:
§ 110.7 Information collection
requirements: OMB approval.
*
*
*
*
*
(c) This part contains information
collection requirements in addition to
those approved under the control
number specified in paragraph (a) of
this section. The information collection
requirements contained in §§ 110.19,
110.20, 110.21, 110.22, 110.23, 110.31,
110.32, and 110.51, and NRC Form 7 are
approved under control number 3150–
0027.
■ 6. In § 110.7a, paragraph (b) is revised
to read as follows:
§ 110.7a Completeness and accuracy of
information.
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*
*
*
*
(b) Each licensee or applicant for a
license shall notify the Commission of
information identified by the applicant
or licensee as having, for the regulated
activity, a significant implication for
public health and safety or common
defense and security. An applicant or
licensee violates this paragraph if the
applicant or licensee fails to notify the
Commission of information that the
applicant or licensee has identified as
having a significant implication for
public health and safety or common
defense and security. Notification shall
be provided to the Administrator of the
appropriate Regional Office within two
working days of identifying the
information. This requirement is not
applicable to information which is
already required to be provided to the
Commission by other reporting or
updating requirements.
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7. In § 110.10, paragraph (c) is revised
to read as follows:
General.
*
*
*
*
*
(c) The granting of an exemption does
not relieve any person from complying
with the regulations of other U.S.
Federal and/or State government
agencies applicable to exports or
imports under their authority.
■ 8. Section 110.11 is revised to read as
follows:
§ 110.11 Export of IAEA safeguards
samples.
A person is exempt from the
requirements for a license to export
special nuclear material set forth in
sections 53 and 54d. of the Atomic
Energy Act and from the regulations in
this part to the extent that the person
exports special nuclear material in IAEA
safeguards samples, if the samples are
exported in accordance with § 75.8 of
this chapter, or a comparable
Department of Energy order, and are in
quantities not exceeding a combined
total of 100 grams of contained
plutonium, uranium-233 and uranium235 per facility per year. This
exemption does not relieve any person
from complying with parts 71 or 73 of
this chapter or any Commission order
under section 201(a) of the Energy
Reorganization Act of 1974 (42 U.S.C.
5841(a)).
■ 9. Section 110.19 is revised to read as
follows:
§ 110.19
Types of licenses.
Licenses for the export and import of
nuclear equipment and material in this
part consist of general licenses and
specific licenses. A general license is
effective without the filing of an
application with the Commission or the
issuance of licensing documents to a
particular person. A specific license is
issued to a named person and is
effective upon approval by the
Commission of an application filed
pursuant to the regulations in this part
and issuance of licensing documents to
the applicant.
■ 10. In § 110.20, paragraphs (a) and (d)
are revised to read as follows:
§ 110.20
General license information.
(a) A person may use an NRC general
license as authority to export or import
nuclear equipment or material, if the
nuclear equipment or material to be
exported or imported is covered by the
NRC general licenses described in
§§ 110.21 through 110.27. If an export or
import is not covered by the NRC
general licenses described in §§ 110.21
through 110.27, a person must file an
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44087
application with the Commission for a
specific license in accordance with
§§ 110.31 through 110.32.
*
*
*
*
*
(d) A general license for export may
not be used if the exporter knows, or has
reason to believe, that the material will
be used in any illegal activity or any
activity related to isotope separation,
chemical reprocessing, heavy water
production or the fabrication of nuclear
fuel containing plutonium, unless these
activities are generically authorized
under an appropriate agreement for
cooperation.
*
*
*
*
*
■ 11. In § 110.21 paragraph (e) is
removed and paragraphs (a)(3), (a)(4),
(b), and (c) are revised to read as
follows:
§ 110.21 General license for the export of
special nuclear material.
(a) * * *
(3) Special nuclear material, other
than plutonium-236 and plutonium-238,
in sensing components in instruments,
if no more than 3 grams of enriched
uranium or 0.1 gram of plutonium or
uranium-233 are contained in each
sensing component.
(4) Plutonium-236 and plutonium-238
when contained in a device, or a source
for use in a device, in quantities of less
than 3.7 × 10¥3 TBq (100 millicuries) of
alpha activity (189 micrograms
plutonium-236, 5.88 milligrams
plutonium-238) per device or source.
(b) Except as provided in paragraph
(d) of this section, a general license is
issued to any person to export the
following to any country not listed in
§ 110.28 or § 110.29:
(1) Special nuclear material, other
than plutonium-236 and plutonium-238,
in individual shipments of 0.001
effective kilogram or less (e.g., 1.0 gram
of plutonium, uranium-233 or uranium235, or 10 kilograms of 1 percent
enriched uranium), not to exceed 0.1
effective kilogram per calendar year to
any one country.
(2) Special nuclear material in fuel
elements as replacements for damaged
or defective unirradiated fuel elements
previously exported under a specific
license, subject to the same terms as the
original export license and the
condition that the replaced fuel
elements must be returned to the United
States within a reasonable time period.
(3) Uranium, enriched to less than 20
percent in uranium-235, in the form of
uranium hexafluoride (UF6) heels in
cylinders being returned to suppliers in
EURATOM.
(c) Except as provided in paragraph
(d) of this section, a general license is
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issued to any person to export
plutonium-236 or plutonium-238 to any
country listed in § 110.30 in individual
shipments of 1 gram or less, not to
exceed 100 grams per calendar year to
any one country.
*
*
*
*
*
■ 12. Section 110.22 is revised to read
as follows:
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§ 110.22 General license for the export of
source material.
(a) Except as provided in paragraph
(e) of this section, a general license is
issued to any person to export the
following to any country not listed in
§ 110.28:
(1) Uranium or thorium, other than
uranium-230, uranium-232, thorium227, and thorium-228, in any substance
in concentrations of less than 0.05
percent by weight.
(2) Thorium, other than thorium-227
and thorium-228, in incandescent gas
mantles or in alloys in concentrations of
5 percent or less.
(3) Thorium-227, thorium-228,
uranium-230, and uranium-232 when
contained in a device, or a source for
use in a device, in quantities of less than
3.7 × 10¥3 TBq (100 millicuries) of
alpha activity (3.12 micrograms
thorium-227, 122 micrograms thorium228, 3.7 micrograms uranium-230, 4.7
milligrams uranium-232) per device or
source.
(b) Except as provided in paragraph (f)
of this section, a general license is
issued to any person to export uranium
or thorium, other than uranium-230,
uranium-232, thorium-227, or thorium228, in individual shipments of 10
kilograms or less to any country not
listed in § 110.28 or § 110.29, not to
exceed 1,000 kilograms per calendar
year to any one country or 500
kilograms per calendar year to any one
country when the uranium or thorium is
Canadian-obligated.
(c) Except as provided in paragraph
(e) of this section, a general license is
issued to any person to export uranium
or thorium, other than uranium-230,
uranium-232, thorium-227, or thorium228, in individual shipments of 1
kilogram or less to any country listed in
§ 110.29, not to exceed 100 kilograms
per calendar year to any one country.
(d) Except as provided in paragraph
(e) of this section, a general license is
issued to any person to export uranium230, uranium-232, thorium-227, or
thorium-228 in individual shipments of
10 kilograms or less to any country
listed in § 110.30, not to exceed 1,000
kilograms per calendar year to any one
country or 500 kilograms per calendar
year to any one country when the
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uranium or thorium is Canadianobligated.
(e) Paragraphs (a), (b), (c), and (d) of
this section do not authorize the export
under general license of source material
in radioactive waste.
■ 13. Section 110.23 is revised to read
as follows:
§ 110.23 General license for the export of
byproduct material.
(a) A general license is issued to any
person to export byproduct material (see
Appendix L to this part) to any country
not listed in § 110.28 and subject to the
following limitations:
(1) The general license in this section
does not authorize the export of
byproduct material in the form of
radioactive waste.
(2) The general license in this section
does not authorize the export of the
following radionuclides:
Americium-242m
Californium-249
Californium-251
Curium-245
Curium-247
(3) For byproduct materials listed in
Table 1 of Appendix P to this part,
individual shipments under a general
license for export must be less than the
terabequeral (TBq) values specified in
Category 2 of Table 1 unless a more
restrictive requirement applies.
(4) The general license authorizes
exports of the following radionuclides
when contained in a device, or a source
for use in a device, in quantities less
than 3.7 × 10¥3 TBq (100 millicuries) of
alpha activity per device or source,
unless the export is to a country listed
in § 110.30:
Actinium-225
Actinium-227
Californium-248
Californium-250
Californium-252
Californium-253
Californium-254
Curium-240
Curium-241
Curium-242
Curium-243
Curium-244
Einsteinium-252
Einsteinium-253
Einsteinium-254
Einsteinium-255
Fermium-257
Gadolinium-148
Mendelevium-258
Neptunium-235
Polonium-208
Polonium-209
Polonium-210
Radium-223
(5)(i) For americium-241, exports
under the general license to a country
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listed in § 110.29 must not exceed 3.7 ×
10¥2 TBq (one curie) per shipment.
(ii) For americium-241, exports under
the general license to a country listed in
§ 110.29 that exceed 3.7 × 10¥2 TBq
(one curie) per shipment, must be
contained in industrial process control
equipment or petroleum exploration
equipment in quantities not exceeding
0.60 TBq (16 curies) per device and not
exceeding 7.4 TBq/calendar year (200
curies/calendar year) to any one
country.
(iii) All exports of americium are
subject to the reporting requirements
listed in § 110.54(b).
(6) For neptunium-235 and -237,
exports under the general license must
not exceed one gram for individual
shipment and must not exceed a
cumulative total of 10 grams per
calendar year to any one country. All
exports of neptunium are subject to the
reporting requirements listed in
§ 110.54(b).
(7) For polonium-210, exports under
the general license, when contained in
static eliminators, must not exceed 3.7
TBq (100 curies) per individual
shipment.
(8)(i) For tritium in any dispersed
form (e.g., luminescent light sources and
paint, accelerator targets, calibration
standards, labeled compounds), exports
under the general license must not
exceed 0.37 TBq (10 curies (1.03
milligrams)) per item, not to exceed 37
TBq (1,000 curies (103 milligrams)) per
shipment, or 370 TBq (10,000 curies
(1.03 grams)) per calendar year to any
one country.
(ii) For tritium in any dispersed form
(e.g., luminescent light sources and
paint, accelerator targets, calibration
standards, labeled compounds), exports
under the general license to the
countries listed in § 110.30 must not
exceed the quantity of 1.48 TBq (40
curies (4.12 milligrams)) per item, not to
exceed 37 TBq (1,000 curies (103
milligrams)) per shipment or 370 TBq
(10,000 curies (1.03 grams)) per calendar
year to any one country.
(iii) For tritium in luminescent safety
devices installed in an aircraft, exports
under the general license must not
exceed 1.48 TBq (40 curies (4.12
milligrams)) per light source.
(iv) The general license in this section
does not authorize the export of tritium
for recovery or recycle purposes.
■ 14. Section 110.24 is revised to read
as follows:
§ 110.24 General license for the export of
deuterium.
(a) A general license is issued to any
person to export to any country not
listed in § 110.28 or § 110.29 deuterium
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in individual shipments of 10 kilograms
or less (50 kilograms of heavy water). No
person may export more than 200
kilograms (1,000 kilograms of heavy
water) per calendar year to any one
country.
(b) A general license is issued to any
person to export to any country listed in
§ 110.29 deuterium in individual
shipments of 1 kilogram or less (5
kilograms of heavy water). No person
may export more than 5 kilograms (25
kilograms of heavy water) per calendar
year to any one country listed in
§ 110.29.
§ 110.25
[Reserved]
15. Section 110.25 is reserved.
16. Section 110.26 is revised to read
as follows:
■
■
sroberts on DSKD5P82C1PROD with RULES
§ 110.26 General license for the export of
nuclear reactor components.
(a) A general license is issued to any
person to export to a destination listed
in paragraph (b) of this section any
nuclear reactor component of U.S.
origin described in paragraphs (5)
through (9) of Appendix A to this part
if—
(1) The component will be used in a
light or heavy water-moderated power
or research reactor; or
(2) The component is in
semifabricated form and will be
undergoing final fabrication or repair in
those countries for either subsequent
return to the United States for use in a
nuclear power or research reactor in the
United States or in one of the
destinations listed in paragraph (b) of
this section.
(b) The export of nuclear reactor
components under the general license
established in paragraph (a) of this
section is approved to the following
destinations:
Austria
Belgium
Bulgaria
Canada
Cyprus
Czech Republic
Denmark
Estonia
Finland
France
Germany
Greece
Hungary
Indonesia
Ireland
Italy
Japan
Latvia
Lithuania
Luxembourg
Malta
Netherlands
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New Zealand
Philippines
Poland
Portugal
Republic of Korea
Romania
Slovak Republic
Slovenia
Spain
Sweden
Switzerland
Taiwan
United Kingdom
(c) This general license does not
authorize the export of components, in
final or semi-fabricated form, for
research reactors capable of continuous
operation above 5 MW thermal.
(d) This general license does not
authorize the export of essentially
complete reactors through piecemeal
exports of facility components. When
individual exports of components
would amount in the aggregate to export
of an essentially complete nuclear
reactor, a facility export license is
required.
(e) All exports under paragraph (a) of
this section are subject to the reporting
requirements in § 110.54(c).
Note to § 110.26: U.S. Origin includes
components produced or finished in the
United States, even with non-U.S. content
unless the foreign content is obligated by
supplier government conditions, such as a
prior consent for retransfer condition.
17. In § 110.27, paragraphs (a), (b), (c),
and (f) are revised to read as follows:
■
§ 110.27
General license for import.
(a) Except as provided in paragraphs
(b) and (c) of this section, a general
license is issued to any person to import
byproduct, source, or special nuclear
material if the U.S. consignee is
authorized to receive and possess the
material under a general or specific NRC
or Agreement State license issued by the
Commission or a State with which the
Commission has entered into an
agreement under Section 274b. of the
Atomic Energy Act.
(b) The general license in paragraph
(a) of this section does not authorize the
import of more than 100 kilograms per
shipment of source and/or special
nuclear material in the form of
irradiated fuel.
(c) Paragraph (a) of this section does
not authorize the import under a general
license of radioactive waste.
*
*
*
*
*
(f) Importers of radioactive material
listed in Appendix P to this part must
provide the notifications required by
§ 110.50.
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§ 110.30
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[Amended]
18. Section 110.30 is amended by
adding ‘‘China’’, ‘‘Croatia’’, ‘‘Estonia’’,
‘‘Iceland’’, ‘‘Kazakhstan’’, ‘‘Lithuania’’,
and ‘‘Malta’’ in alphabetical order.
■ 19. Section 110.31 is revised to read
as follows:
■
§ 110.31
Application for a specific license.
(a) A person shall file an application
for a specific license to export or import
with the Deputy Director of the NRC’s
Office of International Programs, using
an appropriate method listed in § 110.4.
(b) Applications for an export, import,
amendment or renewal licenses or a
request for an exemption from a
licensing requirement under this part
shall be filed on NRC Form 7.
(c) An application for a specific
license to export or import or a request
for an exemption from a licensing
requirement must be accompanied by
the appropriate fee in accordance with
the fee schedules in § 170.21 and
§ 170.31 of this chapter. A license
application will not be processed unless
the specified fee is received.
(d) Each application on NRC Form 7
shall be signed by the applicant or
licensee or a person duly authorized to
act for and on behalf of the applicant or
licensee.
(e) Each person shall provide in the
license application, as appropriate, the
information specified in § 110.32. The
Commission also may require the
submission of additional information if
necessary to complete its review.
(f) An application may cover multiple
shipments and destinations.
(g) The applicant shall withdraw an
application when it is no longer needed.
The Commission’s official files retain all
documents related to a withdrawn
application.
■ 20. Section 110.32 is revised to read
as follows:
§ 110.32 Information required in an
application for a specific license/NRC Form
7.
(a) Name and address of applicant.
(b) Name and address of any other
party, including the supplier of
equipment or material, if different from
the applicant.
(c) Country of origin of equipment or
material, and any other countries that
have processed the material prior to its
import into the U.S.
Note: This is meant to include all
obligations attached to the material,
according to the definition of obligations in
§ 110.2. Licensees must keep records of
obligations attached to material which they
own or is in their possession.
(d) Names and addresses of all
intermediate and ultimate consignees,
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other than intermediate consignees
performing shipping services only.
(e) Dates of proposed first and last
shipments.
(f) Description of the equipment or
material including, as appropriate, the
following:
(1) Maximum quantity of material in
grams or kilograms (terabequerels or
TBq for byproduct material) and its
chemical and physical form.
(2) For enriched uranium, the
maximum weight percentage of
enrichment and maximum weight of
contained uranium-235.
(3) For nuclear equipment, the name
of the facility and its total dollar value.
(4) For nuclear reactors, the name of
the facility, its design power level and
its total dollar value.
(5) For proposed exports or imports of
radioactive waste, the volume, physical
and chemical characteristics, route of
transit of shipment, classification (as
defined in § 61.55 of this chapter) if
imported or exported for direct disposal
at part 61 or equivalent Agreement State
licensed facility, and ultimate
disposition (including forms of
management or treatment) of the waste.
(6) For proposed imports of
radioactive waste, the industrial or other
process responsible for generation of the
waste, and the status of the
arrangements for disposition, including
pertinent documentation of these
arrangements.
(7) Description of end use by all
consignees in sufficient detail to permit
accurate evaluation of the justification
for the proposed export or import,
including the need for shipment by the
dates specified.
(g)(1) For proposed exports of
Category 1 quantities of material listed
in Table 1 of appendix P to this part,
pertinent documentation that the
recipient of the material has the
necessary authorization under the laws
and regulations of the importing country
to receive and possess the material.
(2) For proposed exports of Category
2 quantities of material listed in Table
1 of appendix P to this part, pertinent
documentation that the recipient of the
material has the necessary authorization
under the laws and regulations of the
importing country to receive and
possess the material. This
documentation must be provided to the
NRC at least 24 hours prior to the
shipment.
(3) Pertinent documentation shall
consist of a copy of the recipient’s
authorization to receive and possess the
material to be exported or a
confirmation from the government of
the importing country that the recipient
is so authorized. The recipient
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authorization shall include the
following information:
(i) Name of the recipient;
(ii) Recipient location and legal
address or principal place of business;
(iii) Relevant radionuclides and
radioactivity being imported or that the
recipient is authorized to receive and
possess;
(iv) Uses, if appropriate; and
(v) The expiration date of the
recipient’s authorization (if any).
■ 21. Section 110.40 is revised to read
as follows:
(d) If the Commission has not
completed action on a license
application within 60 days after receipt
of the Executive Branch judgment, as
provided for in § 110.41, or the license
application when an Executive Branch
judgment is not required, it will inform
the applicant in writing of the reason for
delay and, as appropriate, provide
follow-up reports.
■ 22. In § 110.41, paragraphs (a)(2) and
(a)(10) are revised to read as follows:
§ 110.40
(a) * * *
(2) More than one effective kilogram
of high-enriched uranium or 10 grams of
plutonium or uranium-233.
*
*
*
*
*
(10) An export raising significant
policy issues or subject to special
limitations as determined by the
Commission or the Executive Branch,
including exports of radioactive
material listed in Table 1 of appendix P
to this part involving exceptional
circumstances in § 110.42(e).
*
*
*
*
*
■ 23. In § 110.43, paragraphs (e) and (f)
are removed and paragraph (d) is
revised to read as follows:
Commission review.
(a) Immediately after receipt of a
license application for an export or
import requiring a specific license
under this part, the Commission will
initiate its licensing review and, to the
maximum extent feasible, will
expeditiously process the application
concurrently with any applicable review
by the Executive Branch.
(b) The Commissioners shall review a
license application for export of the
following:
(1) A production or utilization
facility.
(2) More than 5 effective kilograms of
high-enriched uranium, plutonium or
uranium-233.
(3) An export involving assistance to
end uses related to isotope separation,
chemical reprocessing, heavy water
production, advanced reactors, or the
fabrication of nuclear fuel containing
plutonium, except for exports of source
material or low-enriched uranium to
EURATOM or Japan for enrichment up
to 5 percent in the isotope uranium-235,
and those categories of exports which
the Commission has approved in
advance as constituting permitted
incidental assistance.
(4) The initial export to a country
since March 10, 1978 of source or
special nuclear material for nuclear end
use.
(5) An initial export to any country
listed in § 110.28 or § 110.29 involving
over:
(i) 10 grams of plutonium, uranium233 or high-enriched uranium;
(ii) 1 effective kilogram of lowenriched uranium;
(iii) 250 kilograms of source material
or heavy water; or
(iv) 37 TBq (1,000 curies) of tritium.
(6) The export of radioactive material
listed in Table 1 of Appendix P of this
part involving:
(i) Exceptional circumstances in
§ 110.42(e); or
(ii) Category 1 quantities of material to
any country listed in § 110.28.
(c) The Commission will review
export and import license applications
raising significant policy issues.
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§ 110.41
§ 110.43
Executive Branch review.
Import licensing criteria.
*
*
*
*
*
(d) With respect to the import of
radioactive waste, an appropriate
facility has agreed to accept and is
authorized to possess the waste for
management or disposal as confirmed
by NRC consultations with, as
applicable, the Agreement State in
which the facility is located and lowlevel waste compact commission(s).
■ 24. Section 110.44 is revised to read
as follows:
§ 110.44
Physical security standards.
(a) Physical security measures in
recipient countries must provide
protection at least comparable to the
recommendations in the current version
of IAEA publication INFCIRC/225/Rev.
4 (corrected), June 1999, ‘‘The Physical
Protection of Nuclear Material and
Nuclear Facilities,’’ and is incorporated
by reference in this part. This
incorporation by reference was
approved by the Director of the Office
of the Federal Register in accordance
with 5 U.S.C. 552(a) and 1 CFR part 51.
Notice of any changes made to the
material incorporated by reference will
be published in the Federal Register.
Copies of INFCIRC/225/Rev. 4 may be
obtained from the Deputy Director,
Office of International Programs, U.S.
Nuclear Regulatory Commission,
Washington, DC 20555–0001, and are
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available for inspection at the NRC
library, 11545 Rockville Pike, Rockville,
Maryland 20852–2738, telephone, (301–
415–4737 or 800–397–4209) between
8:30 a.m. and 4:15 p.m. A copy is
available for inspection at the National
Archives and Records Administration
(NARA). For information on the
availability of this material at NARA,
call 202–741–6030, or go to: http://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(b) Commission determinations on the
adequacy of physical security measures
are based on:
(1) Receipt by the appropriate U.S.
Executive Branch Agency of written
assurances from the relevant recipient
country government that physical
security measures providing protection
at least comparable to the
recommendations set forth in INFCIRC/
225/Rev. 4 (corrected).
(2) Information obtained through
country visits, information exchanges,
or other sources. Determinations are
made on a country-wide basis and are
subject to continuing review. Appendix
M to this part describes the different
categories of nuclear material to which
physical security measures are applied.
■ 25. In § 110.45, paragraphs (a), (b) and
(d) are revised to read as follows:
sroberts on DSKD5P82C1PROD with RULES
§ 110.45
Issuance or denial of license.
(a) The Commission will issue an
export license if it has been notified by
the State Department that it is the
judgment of the Executive Branch that
the proposed export will not be inimical
to the common defense and security,
and:
(1) Finds, based upon a reasonable
judgment of the assurances provided
and other information available to the
Federal government, that the applicable
criteria in § 110.42, or their equivalent,
are met.
(2) Finds that there are no material
changed circumstances associated with
an export license application (except for
byproduct material applications) from
those existing at the time of issuance of
a prior license to export to the same
country, if the prior license was issued
under the provisions of paragraph (a)(1)
of this section.
(b) The Commission will issue an
import license if it finds that:
(1) The proposed import will not be
inimical to the common defense and
security;
(2) The proposed import will not
constitute an unreasonable risk to the
public health and safety;
(3) The requirements of subpart A of
part 51 of this chapter (to the extent
applicable to the proposed import) have
been satisfied; and
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(4) With respect to a proposed import
of radioactive waste, an appropriate
facility has agreed to accept and is
authorized to posses the waste for
management or disposal as confirmed
by NRC consultations with, as
applicable, the Agreement State(s) in
which the facility is located and the
low-level waste compact commission(s).
*
*
*
*
*
(d) If, after receiving the Executive
Branch judgment that the issuance of a
proposed export license will not be
inimical to the common defense and
security, the Commission does not issue
the proposed license on a timely basis
because it is unable to make the
statutory determinations required under
the Atomic Energy Act, the Commission
will publicly issue a decision to that
effect and will submit the license
application to the President. The
Commission’s decision will include an
explanation of the basis for the decision
and any dissenting or separate views.
The provisions in this paragraph do not
apply to Commission decisions
regarding applications for specific
licenses to export byproduct material,
including radioactive material listed in
Table 1 of Appendix P to this part, or
radioactive waste.
*
*
*
*
*
■ 26. Section 110.50 is revised to read
as follows:
§ 110.50
Terms.
(a) General and specific licenses.
(1) Each license is subject to all
applicable provisions of the Atomic
Energy Act and other applicable law
and to all applicable rules, regulations,
decisions and orders of the Commission.
(2) Each license is subject to
amendment, suspension, revocation or
incorporation of separate conditions
when required by amendments of the
Atomic Energy Act or other applicable
law, or by other rules, regulations,
decisions or orders issued in accordance
with the terms of the Atomic Energy Act
or other applicable law.
(3) A licensee authorized to export or
import nuclear material is responsible
for compliance with applicable
requirements of this chapter, unless a
domestic licensee of the Commission
has assumed that responsibility and the
Commission has been so notified.
(4) Each license authorizes export or
import only and does not authorize any
person to receive title to, acquire,
receive, possess, deliver, use, transport
or transfer any nuclear equipment or
material subject to this part.
(5) Each license issued by the NRC for
the export or import of nuclear material
authorizes only the export or import of
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44091
that nuclear material and accompanying
packaging, fuel element, hardware, or
other associated devices or products.
(6) No nuclear equipment license
confers authority to export or import
nuclear material.
(7) Each nuclear equipment export
license authorizes the export of only
those items required for use in the
foreign nuclear installation for which
the items are intended.
(8) A licensee shall not proceed to
export or import and shall notify the
Commission promptly if he knows or
has reason to believe that the packaging
requirements of part 71 of this chapter
have not been met.
(b) Specific licenses.
(1) Each specific license will have an
expiration date.
(2) A licensee may export or import
only for the purpose(s) and/or enduse(s) stated in the specific export or
import license issued by NRC.
(3) Unless a license specifically
authorizes the export of certain foreignobligated nuclear material or
equipment, a licensee may not ship
such material or equipment until:
(i) The licensee has requested and the
Commission has issued an amendment
to the license authorizing such
shipment; or
(ii) The licensee has given at least 40
days advance notice of the intended
shipment in writing to the Deputy
Director, Office of International
Programs (OIP); and
(iii) The Deputy Director, OIP has:
(A) Obtained confirmation, through
either the Department of Energy or
State, that the foreign government in
question has given its consent to the
intended shipment pursuant to its
agreement for cooperation with the
United States; and
(B) Communicated this in writing to
the licensee.
(c) Advanced notification.
(1) A licensee authorized to export or
import the radioactive material listed in
Appendix P to this part is responsible
for notifying NRC and, in cases of
exports, the government of the
importing country in advance of each
shipment. A list of points of contact in
importing countries is available at
NRC’s Office of International Programs
Web site, accessible on the NRC Public
Web site at http://www.nrc.gov.
(2) The NRC’s office responsible for
receiving advance notifications for all
export and import shipments is the NRC
Operations Center. Notifications are to
be e-mailed to [email protected]
(preferred method) or faxed to (301)
816–5151. In the subject line of the
e-mail or on the fax cover page include
‘‘10 CFR 110.50(c) Notification.’’ To
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contact the NRC Operations Center, use
the same e-mail address or call (301)
816–5100. Difficulties notifying the NRC
Operations Center must be promptly
reported to the Office of International
Programs at (301) 415–2336.
(3) Notifications may be electronic or
in writing on business stationary, and
must contain or be accompanied by the
information which follows.
(i) For export notifications:
(A) 10 CFR part 110 export license
number and expiration date;
(B) Name of the individual and
licensee making the notification,
address, and telephone number;
(C) Foreign recipient name, address,
and end use location(s) (if different than
recipient’s address);
(D) Radionuclides and activity level
in TBq, both for single and aggregate
shipments;
(E) Make, model and serial number,
for any Category 1 and 2 sealed sources,
if available;
(F) End use in the importing country,
if known;
(G) Shipment date; and
(H) A copy of the foreign recipient’s
authorization or confirmation of that
authorization from the government of
the importing country as required by
§ 110.32(g) unless the authorization has
already been provided to the NRC.
(ii) For import notifications:
(A) Name of individual and licensee
making the notification, address, and
telephone number;
(B) Recipient name, location, and
address (if different than above);
(C) Name, location, address, contact
name and telephone number for
exporting facility;
(D) Radionuclides and activity level
in TBq, both for single and aggregate
shipments;
(E) Make, model and serial number,
radionuclide, and activity level for any
Category 1 and 2 sealed sources, if
available;
(F) End use in the U.S.;
(G) Shipment date from exporting
facility and estimated arrival date at the
end use location; and
(H) NRC or Agreement State license
number to possess the import in the
U.S. and expiration date.
(4) Export notifications must be
received by the NRC at least 7 days in
advance of each shipment, to the extent
practical, but in no case less than 24
hours in advance of each shipment.
Import notifications must be received by
the NRC at least 7 days in advance of
each shipment.
(5) Advance notifications containing
the above information must be
controlled, handled, and transmitted in
accordance with § 2.390 of this chapter
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and other applicable NRC requirements
governing protection of sensitive
information.
(d) A specific license may be
transferred, disposed of or assigned to
another person only with the approval
of the Commission by license
amendment.
■ 27. Section 110.51 is revised to read
as follows:
§ 110.51 Amendment and renewal of
licenses.
(a) Amendments.
(1) Applications for amendment of a
specific license shall be filed on NRC
Form 7 in accordance with §§ 110.31
and 110.32 and shall specify the
respects in which the licensee desires
the license to be amended and the
grounds for such amendment.
(2) An amendment is not required for:
(i) Changes in monetary value (but not
amount or quantity);
(ii) Changes in the names and/or
mailing addresses within the same
countries of the intermediate or ultimate
consignees listed on the license; or
(iii) The addition of intermediate
consignees in any of the importing
countries specified in the license (for a
nuclear equipment license only).
(b) Renewals.
(1) Applications for renewal of a
specific license shall be filed on NRC
Form 7 in accordance with §§ 110.31
and 110.32.
(2) If an application to renew a license
is submitted 30 days or more before the
license expires, the license remains
valid until the Commission acts on the
renewal application. An expired license
is not renewable.
(c) General. In considering an
application by a licensee to renew or
amend a license, the Commission will
apply, as appropriate, the same
procedures and criteria it uses for initial
license applications.
■ 28. In § 110.53, paragraphs (a) and
(b)(1) are revised to read as follows:
§ 110.53 United States address, records,
and inspections.
(a) Each licensee (general or specific)
shall have an office in the United States
where papers may be served and where
records required by the Commission
will be maintained.
(b)(1) Each license applicant or
licensee (general or specific) shall
maintain records concerning his exports
or imports. The licensee shall retain
these records for five years after each
export or import except that byproduct
material records must be retained for
three years after the date of each export
or import shipment.
*
*
*
*
*
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29. Section 110.54 is revised to read
as follows:
■
§ 110.54
Reporting requirements.
(a)(1) Reports of exports of nuclear
facilities and equipment, nuclear grade
graphite for nuclear end use, and
deuterium shipped during the previous
quarter must be submitted by licensees
making exports under the general
license or specific license of this part by
January 15, April 15, July 15, and
October 15 of each year on DOC/NRC
Forms AP–M or AP–13, and associated
forms. The reports must contain
information on all nuclear facilities,
equipment, and non-nuclear materials
(nuclear grade graphite for nuclear end
use and deuterium) listed in Annex II of
the Additional Protocol.
(2) These required reports must be
sent via facsimile to (202) 482–1731,
emailed to [email protected], or handdelivered or submitted by courier to the
Bureau of Industry and Security, in hard
copy, to the following address: Treaty
Compliance Division, Bureau of
Industry and Security, U.S. Department
of Commerce, Attn: AP Reports, 14th
Street and Pennsylvania Avenue, NW.,
Room 4515, Washington, DC 20230.
Telephone: (202) 482–1001.
(b) Persons making exports under the
general license established by
§ 110.23(a) or under a specific license
shall submit by February 1 of each year
one copy of a report of all americium
and neptunium shipments during the
previous calendar year. This report shall
be submitted to the Deputy Director,
Office of International Programs at the
address provided in § 110.4. The report
must include:
(1) A description of the material,
including quantity in TBq and gram;
(2) Approximate shipment dates; and
(3) A list of recipient countries, end
users, and intended use keyed to the
items shipped.
(c) Persons making exports under the
general license established by
§ 110.26(a) shall submit by February 1 of
each year one copy of a report of all
components shipped during the
previous calendar year. This report must
include:
(1) A description of the components
keyed to the categories listed in
appendix A to this part.
(2) Approximate shipment dates.
(3) A list of recipient countries and
end users keyed to the items shipped.
■ 30. Section 110.60 is revised to read
as follows:
§ 110.60
Violations.
(a) The Commission may obtain an
injunction or other court order to
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prevent a violation of the provisions
of—
(1) The Atomic Energy Act;
(2) Title II of the Energy
Reorganization Act of 1974; or
(3) A regulation or order pursuant to
those Acts.
(b) The Commission may obtain a
court order for the payment of a civil
penalty imposed under section 234 of
the Atomic Energy Act:
(1) For violations of:
(i) Sections 53, 57, 62, 63, 81, 82, 101,
103, 104, 107, or 109 of the Atomic
Energy Act;
(ii) Section 206 of the Energy
Reorganization Act;
(iii) Any rule, regulation, or order
issued pursuant to the sections specified
in paragraph (b)(1)(i) of this section;
(iv) Any term, condition, or limitation
of any license issued under the sections
specified in paragraph (b)(1)(i) of this
section.
(2) For any violation for which a
license may be revoked under section
186 of the Atomic Energy Act.
■ 31. In § 110.66, paragraph (b) is
revised to read as follows:
(1) A production or utilization
facility.
(2) Five effective kilograms or more of
plutonium, high-enriched uranium or
uranium-233.
(3) 10,000 kilograms or more of heavy
water. (Note: Does not apply to exports
of heavy water to Canada.)
(4) Nuclear grade graphite for nuclear
end use.
(5) Radioactive waste.
(c) The Commission will also publish
in the Federal Register a notice of
receipt of a license application,
including applications for amendment
or renewal, for an import of radioactive
waste for which a specific license is
required.
■ 34. Section 110.80 is revised to read
as follows:
§ 110.66
*
Enforcement hearing.
*
*
*
*
*
(b) A hearing pursuant to this subpart
will be conducted under the procedures
in subpart G of part 2 of this chapter.
■ 32. In § 110.67, paragraph (a) is
revised to read as follows:
§ 110.67
Criminal penalties.
(a) Section 223 of the Atomic Energy
Act provides for criminal sanctions for
willful violation of, attempted violation
of, or conspiracy to violate, any
regulation issued under sections 161b.,
161i., or 161o. of the Atomic Energy
Act. For purposes of section 223, all the
regulations in 10 CFR part 110 are
issued under one or more of sections
161b, 161i, or 161o, except for the
sections listed in paragraph (b) of this
section.
*
*
*
*
*
■ 33. Section 110.70 is revised to read
as follows:
sroberts on DSKD5P82C1PROD with RULES
§ 110.70 Public notice of receipt of an
application.
(a) The Commission will notice the
receipt of each license application,
including applications for amendment
or renewal, for an export or import for
which a specific license is required by
making a copy available at the NRC Web
site, http://www.nrc.gov.
(b) The Commission will also publish
in the Federal Register a notice of
receipt of each license application,
including applications for amendment
or renewal, to export the following:
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§ 110.80
Basis for hearings.
The procedures in this part will
constitute the exclusive basis for
hearings on export and import license
applications.
■ 35. In § 110.81, paragraph (b) is
revised to read as follows:
§ 110.81
Written comments.
*
*
*
*
(b) These comments should be
submitted within 30 days after public
notice of receipt of the application on
the NRC Web site or in the Federal
Register and addressed to the Secretary,
U.S. Nuclear Regulatory Commission,
Washington, DC 20555–0001, Attention:
Rulemakings and Adjudications Staff.
*
*
*
*
*
■ 36. In § 110.82, paragraph (c) is
revised to read as follows:
§ 110.82 Hearing request or intervention
petition.
*
*
*
*
*
(c) Hearing requests and intervention
petitions will be considered timely only
if filed not later than:
(1) 30 days after notice of receipt in
the Federal Register, for those
applications published in the Federal
Register;
(2) 30 days after publication of notice
on the NRC Web site at http://
www.nrc.gov;
(3) 30 days after notice of receipt in
the Public Document Room; or
(4) Such other time as may be
provided by the Commission.
■ 37. In § 110.112, paragraph (b) is
revised to read as follows:
§ 110.112 Reporter and transcript for an
oral hearing.
*
*
*
*
*
(b) Except for any portions containing
classified information, Restricted Data,
Safeguards Information, proprietary
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44093
information, or other sensitive
unclassified information, transcripts
will be made available at the NRC Web
site, http://www.nrc.gov, and/or at the
NRC Public Document Room.
*
*
*
*
*
Appendix L—[Amended]
38. Appendix L to 10 CFR Part 110 is
amended by adding ‘‘Carbon 11 (C 11),’’
‘‘Cesium 129 (Cs 129),’’ ‘‘Cobalt 57 (Co
57),’’ ‘‘Gallium 67 (Ga 67),’’ ‘‘Gold 195
(Au 195),’’ ‘‘Indium 111 (In 111),’’
‘‘Iodine 123 (I 123),’’ Iron 52 (Fe 52),’’
‘‘Nitrogen 13 (N 13),’’ ‘‘Oxygen 15 (O
15),’’ ‘‘Potassium 43 (K 43),’’ ‘‘Rubidium
81 (Rb 81),’’ ‘‘Yttrium 87 (Y 87),’’ and
‘‘Yttrium 88 (Y 88)’’ in alphabetical
order.
■
Dated at Rockville, Maryland, this 19th day
of July, 2010.
For the Nuclear Regulatory Commission.
Annette Vietti-Cook,
Secretary of the Commission.
[FR Doc. 2010–18219 Filed 7–27–10; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL RESERVE SYSTEM
12 CFR Part 226
[Regulation Z; Docket No. R–1384]
Truth in Lending
June 29, 2010.
Board of Governors of the
Federal Reserve System.
ACTION: Final rule, correction.
AGENCY:
This document corrects a
typographical error in the amendatory
instructions published in the Federal
Register of June 29, 2010, regarding
final rules amending Regulation Z,
which implements the Truth in Lending
Act, and the staff commentary to the
regulation in order to implement
provisions of the Credit Card
Accountability Responsibility and
Disclosure Act of 2009 that go into effect
on August 22, 2010.
DATES: Effective Date: The rule is
effective August 22, 2010.
FOR FURTHER INFORMATION CONTACT:
Stephen Shin, Attorney, or Amy
Henderson or Benjamin K. Olson,
Senior Attorneys, Division of Consumer
and Community Affairs, Board of
Governors of the Federal Reserve
System, at (202) 452–3667 or 452–2412;
for users of Telecommunications Device
for the Deaf (TDD) only, contact (202)
263–4869.
SUPPLEMENTARY INFORMATION: The Board
published a final rule in the Federal
Register on June 29, 2010, (75 FR 37526)
SUMMARY:
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